Ultimate Bridging Finance Limited v 4 Fairweather Close Limited & Ors

Ultimate Bridging Finance Limited v 4 Fairweather Close Limited & Ors

Defendants failed to show CPS and Wilkes had no real prospect of successfully defending claims for breach of trust and contribution; triable issues exist regarding authority for undertakings, reasonableness of Wilkes' conduct, and whether liabilities are for same damage; summary judgment is refused.

Parties
Claimant: Ultimate Bridging Finance Limited; Defendant: 4 Fairweather Close Limited; Defendant: 5 Fairweather Close Limited; Defendant: 6 Fairweather Close Limited; Defendant: 7 Fairweather Close Limited; Defendant: 8 Fairweather Close Limited; Defendant: Mr Azher Mohammed Shareef; Third Party: Crimson Phoenix Solicitors Limited; Fourth Party: The Wilkes Partnership LLP
Jurisdiction
England and Wales
Judgment Date
13 January 2025
Procedural Posture
Summary Judgment Application / Ruling on Summary Judgment Application
Outcome
application for summary judgment dismissed
Legal Topics
Summary Judgment, Breach of Trust, Solicitors' Undertakings, Contribution Claims, Section 61 Trustee Act 1925, Liability for Same Damage
Civil Procedure Trust Law Conveyancing Professional Negligence Summary Judgment Breach of Trust Solicitors' Undertakings Contribution Claims +2 more

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Parties

Ultimate Bridging Finance Limited

Claimant

4 Fairweather Close Limited

Defendant

5 Fairweather Close Limited

Defendant

6 Fairweather Close Limited

Defendant

7 Fairweather Close Limited

Defendant

8 Fairweather Close Limited

Defendant

Mr Azher Mohammed Shareef

Defendant

Crimson Phoenix Solicitors Limited

Third Party

The Wilkes Partnership LLP

Fourth Party

Procedural Posture

Summary Judgment Application / Ruling on Summary Judgment Application

Legal Issues

  1. 1 Whether CPS and Wilkes are liable for breach of trust in conveyancing transaction
  2. 2 Whether CPS and Wilkes are liable to contribute under the Civil Liability (Contribution) Act 1978
  3. 3 Whether Wilkes is entitled to relief under section 61 Trustee Act 1925

Ratio Decidendi

Defendants failed to show CPS and Wilkes had no real prospect of successfully defending claims for breach of trust and contribution; triable issues exist regarding authority for undertakings, reasonableness of Wilkes' conduct, and whether liabilities are for same damage; summary judgment is refused.

Court Disposition

application for summary judgment dismissed

Orders

  • Defendants' applications for summary judgment against CPS and Wilkes are dismissed