Perotti v Iliffes Booth Bennett (A Firm) & Ors

Perotti v Iliffes Booth Bennett (A Firm) & Ors

The claimant's action is struck out as an abuse of process because all issues have been fully litigated in previous proceedings, and it would be manifestly unfair and bring the administration of justice into disrepute to permit further litigation. Alternatively, the claims have no real prospect of success and are dismissed by summary judgment.

Parties
Claimant: Angelo Perotti; First Defendant: Iliffes Booth Bennett (a firm); Second Defendant: Bird & Bird (a firm); Third Defendant: Richard Francis Dudley Barlow (sued as Francis Barlow)
Jurisdiction
England and Wales
Judgment Date
28 October 2003
Procedural Posture
Civil / Application to Strike Out And/or Summary Judgment
Outcome
Claim struck out as abuse of process; alternatively, summary judgment for defendants.
Legal Topics
Abuse of Process, Summary Judgment, Strike Out, Limitation, Duties of Legal Professionals, Res Judicata
Civil Procedure Professional Negligence Trusts and Estates Abuse of Process Summary Judgment Strike Out Limitation Duties of Legal Professionals +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Angelo Perotti

Claimant

Iliffes Booth Bennett (a firm)

First Defendant

Bird & Bird (a firm)

Second Defendant

Richard Francis Dudley Barlow (sued as Francis Barlow)

Third Defendant

Procedural Posture

Civil / Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claimant's action against his former solicitors and barrister should be struck out as an abuse of process or for having no reasonable grounds for bringing the claim
  2. 2 Whether the claimant's claims have any real prospect of success to resist summary judgment
  3. 3 Whether the issues raised have already been adjudicated in previous proceedings (res judicata/issue estoppel)

Ratio Decidendi

The claimant's action is struck out as an abuse of process because all issues have been fully litigated in previous proceedings, and it would be manifestly unfair and bring the administration of justice into disrepute to permit further litigation. Alternatively, the claims have no real prospect of success and are dismissed by summary judgment.

Court Disposition

Claim struck out as abuse of process; alternatively, summary judgment for defendants.

Orders

  • Claim struck out as an abuse of process
  • Summary judgment granted to all defendants