Birchall Blackburn (a firm) v Gibrail [2003] EWCA Civ 1145 (04 July 2003)

Birchall Blackburn (a firm) v Gibrail [2003] EWCA Civ 1145 (04 July 2003)

Permission to re-amend the defence and counterclaim is granted on a limited basis because the proposed heads of damage arise out of substantially the same facts as previously pleaded, and the judge below failed to address this question. Only certain heads of damage are allowed to be pleaded, as others are too remote or speculative.

Citation
[2003] EWCA Civ 1145
Parties
Claimant/respondent: Birchall Blackburn (A Firm); Defendant/appellant: Raschid Gibrail
Jurisdiction
England and Wales
Judgment Date
04 July 2003
Procedural Posture
Application for Permission to Appeal (with Appeal to Follow If Granted) / Court of Appeal (civil Division), Restored Application for Permission to Appeal
Outcome
Appeal allowed; judgment refusing permission to re-amend set aside; permission to re-amend granted on limited basis
Legal Topics
Amendment of Pleadings, Limitation Period, Solicitor's Duty of Care, Counterclaim, Assignment of Causes of Action
Civil Procedure Professional Negligence Amendment of Pleadings Limitation Period Solicitor's Duty of Care Counterclaim Assignment of Causes of Action

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Parties

Birchall Blackburn (A Firm)

Claimant/respondent

Raschid Gibrail

Defendant/appellant

Procedural Posture

Application for Permission to Appeal (with Appeal to Follow If Granted) / Court of Appeal (civil Division), Restored Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission should be granted to re-amend the defence and counterclaim to plead additional heads of damage
  2. 2 Whether the proposed amendments are statute-barred under limitation rules
  3. 3 Whether the losses claimed are recoverable by Mr Gibrail or belong to Incomechance Limited

Ratio Decidendi

Permission to re-amend the defence and counterclaim is granted on a limited basis because the proposed heads of damage arise out of substantially the same facts as previously pleaded, and the judge below failed to address this question. Only certain heads of damage are allowed to be pleaded, as others are too remote or speculative.

Court Disposition

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

Orders

  • Permission to appeal granted
  • Appeal allowed