It is always important to carefully consider the loss actually suffered in professional negligence claims.
The recent case of Bacciottini
and Cook v Gotelee & Goldsmith (A firm) [2014] is an example of where the loss which the Claimant argued was suffered had been eroded away by the Claimant's mitigation.
The case concerned the purchase of a property, whereby the Defendant solicitors failed to advise of an adverse condition on the use of the property. The loss claimed was an overpayment of £100,000 for the property. Whilst the solicitors admitted negligence, the loss was disputed.
After the purchase, the claimant had succeeded in getting the adverse condition lifted. A claimant is of course under a duty to mitigate the loss.
However, the court therefore limited damages to £250 - the cost of mitigating the loss. The alleged loss had been eradicated by the steps taken by the claimant after the purchase.