Ahmad v Wood & Anor

Ahmad v Wood & Anor

Paragraphs 33(i) and (ii) of the Particulars of Claim are struck out as an abuse of process for constituting a collateral attack on District Judge Khan's judgment; the damages claim as formulated is legally untenable as it seeks losses outside the scope of duty, but the claimant is given an opportunity to amend; summary judgment is refused as the remaining claim has a real prospect of success.

Parties
Claimant: Riaz Ahmad; First Defendant: Clive Graham Wood; Second Defendant: Clive G Wood & Co (A Firm)
Jurisdiction
England and Wales
Judgment Date
11 May 2018
Procedural Posture
Professional Negligence Claim / Ruling on Application for Strike Out and Summary Judgment
Outcome
Application to strike out granted in part; summary judgment refused.
Legal Topics
Abuse of Process, Loss of Chance, Measure of Damages, Collateral Attack, Pleading Requirements
Professional Negligence Civil Procedure Abuse of Process Loss of Chance Measure of Damages Collateral Attack Pleading Requirements

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Parties

Riaz Ahmad

Claimant

Clive Graham Wood

First Defendant

Clive G Wood & Co (A Firm)

Second Defendant

Procedural Posture

Professional Negligence Claim / Ruling on Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether parts of the claim constitute an abuse of process as a collateral attack on a prior judgment
  2. 2 Whether the damages claim is legally tenable
  3. 3 Whether summary judgment should be granted against the claimant

Ratio Decidendi

Paragraphs 33(i) and (ii) of the Particulars of Claim are struck out as an abuse of process for constituting a collateral attack on District Judge Khan's judgment; the damages claim as formulated is legally untenable as it seeks losses outside the scope of duty, but the claimant is given an opportunity to amend; summary judgment is refused as the remaining claim has a real prospect of success.

Court Disposition

Application to strike out granted in part; summary judgment refused.

Orders

  • Paragraphs 33(i) and (ii) of the Particulars of Claim struck out as abuse of process.
  • Claimant given opportunity to amend damages claim to comply with loss of chance principles.