Rind v Theodore Goddard (a firm) & Ors

Rind v Theodore Goddard (a firm) & Ors

It is not appropriate to determine the claim against the defendants on summary application as the existence and scope of duty of care, loss, and limitation issues require detailed factual investigation at trial; the claim is not statute barred under the 15-year limitation period for the 1992 transaction.

Source-derived case information.

Parties
Claimant: Alan Michael Rind; First Defendant: Theodore Goddard (a firm); Second Defendant: Christopher Edward Lloyd; Third Defendant: Christopher Henry Lovell; Fourth Defendant: Peter Jackson
Jurisdiction
England and Wales
Judgment Date
11 March 2008
Procedural Posture
Civil / Summary Judgment Applications
Outcome
Summary judgment applications dismissed; claim to proceed to trial.
Legal Topics
Duty of Care to Beneficiaries, Limitation of Actions, Inheritance Tax Liability, Solicitor Retainer Scope, Reservation of Benefit
Professional Negligence Trusts and Estates Tax Duty of Care to Beneficiaries Limitation of Actions Inheritance Tax Liability Solicitor Retainer Scope Reservation of Benefit

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alan Michael Rind

Claimant

Theodore Goddard (a firm)

First Defendant

Christopher Edward Lloyd

Second Defendant

Christopher Henry Lovell

Third Defendant

Peter Jackson

Fourth Defendant

Procedural Posture

Civil / Summary Judgment Applications

Legal Issues

  1. 1 Whether solicitors owed a duty of care to the claimant as a residuary beneficiary
  2. 2 Whether the claim is statute barred under the Limitation Act 1980
  3. 3 Whether the claimant suffered recoverable loss

Ratio Decidendi

It is not appropriate to determine the claim against the defendants on summary application as the existence and scope of duty of care, loss, and limitation issues require detailed factual investigation at trial; the claim is not statute barred under the 15-year limitation period for the 1992 transaction.

Court Disposition

Summary judgment applications dismissed; claim to proceed to trial.

Orders

  • Claimant's claim against all defendants to be investigated and determined at trial.
  • Summary applications by all defendants dismissed.