Mark Lewis Law Ltd & Anor v Taylor Hampton Solicitors Ltd & Anor

Mark Lewis Law Ltd & Anor v Taylor Hampton Solicitors Ltd & Anor

The appeal was refused because the application to amend constituted a collateral challenge to a previous order (Gidden 1), and the Master had properly exercised his discretion in refusing permission to amend. Taylor Hampton was bound by its earlier concession, and late amendments would cause prejudice to Mark Lewis.

Parties
First Claimant/respondent: Mark Lewis Law Ltd; Second Claimant/respondent: Mark Lewis; First Defendant/appellant: Taylor Hampton Solicitors Ltd; Second Defendant/appellant: Taylor Hampton Law LLP
Jurisdiction
England and Wales
Judgment Date
22 September 2017
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
Permission to appeal refused except for limited grounds 7 and 8, which were allowed.
Legal Topics
Amendment of Pleadings, Collateral Challenge, Case Management Discretion, Mitigation of Loss, Withdrawal of Admissions
Civil Procedure Contract Law Amendment of Pleadings Collateral Challenge Case Management Discretion Mitigation of Loss Withdrawal of Admissions

Case Brief

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Parties

Mark Lewis Law Ltd

First Claimant/respondent

Mark Lewis

Second Claimant/respondent

Taylor Hampton Solicitors Ltd

First Defendant/appellant

Taylor Hampton Law LLP

Second Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether permission to amend defence and counterclaim should be granted
  2. 2 Whether the application constituted a collateral challenge to a previous order
  3. 3 Whether Taylor Hampton could withdraw a factual concession

Ratio Decidendi

The appeal was refused because the application to amend constituted a collateral challenge to a previous order (Gidden 1), and the Master had properly exercised his discretion in refusing permission to amend. Taylor Hampton was bound by its earlier concession, and late amendments would cause prejudice to Mark Lewis.

Court Disposition

Permission to appeal refused except for limited grounds 7 and 8, which were allowed.

Orders

  • Taylor Hampton permitted to present its counterclaim to 29 April 2015.
  • Taylor Hampton permitted to incorporate other concessions already made in Mark Lewis’ favour, including the 20% discount in recovery of fees billed.