Birchall Blackburn (a firm) v Gibrail

Birchall Blackburn (a firm) v Gibrail

Permission to appeal is granted and the appeal allowed because the judge below failed to properly address whether the proposed amendments arose out of substantially the same facts as the original claim and whether the heads of damage were sustainable. The court held that certain heads of loss could be pleaded as they quantified injury already pleaded, while others were too remote or speculative.

Parties
Claimant/respondent: Birchall Blackburn (A Firm); Defendant/appellant: Raschid Gibrail
Jurisdiction
England and Wales
Judgment Date
04 July 2003
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Appeal
Outcome
Appeal allowed in part; judgment refusing permission to re-amend set aside; permission to re-amend granted on a limited basis
Legal Topics
Amendment of Pleadings, Limitation Periods, Solicitor's Duties, Counterclaims
Civil Procedure Professional Negligence Amendment of Pleadings Limitation Periods Solicitor's Duties Counterclaims

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Parties

Birchall Blackburn (A Firm)

Claimant/respondent

Raschid Gibrail

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Appeal

Legal Issues

  1. 1 Whether permission to re-amend the defence and counterclaim should be granted
  2. 2 Whether the proposed amendments are statute-barred under limitation rules
  3. 3 Whether the claims advanced are properly those of the appellant or of the company

Ratio Decidendi

Permission to appeal is granted and the appeal allowed because the judge below failed to properly address whether the proposed amendments arose out of substantially the same facts as the original claim and whether the heads of damage were sustainable. The court held that certain heads of loss could be pleaded as they quantified injury already pleaded, while others were too remote or speculative.

Court Disposition

Appeal allowed in part; judgment refusing permission to re-amend set aside; permission to re-amend granted on a limited basis

Orders

  • Permission to appeal granted
  • Appeal allowed to the extent indicated