In assessing the appropriate measure of damage for loss arising from negligent legal advice, in respect of the purchase of a commercial property, the diminution in value rule could be departed from if the facts demonstrated that its application would work an injustice to a claimant, contrary to the fundamental rule in Livingstone v Rawyards Coal Co. (1880) 5 App. Cas.24.

[2005] EWHC 972 (Ch)