Pickthall v Hill Dickinson LLP & Anor [2008] EWHC 3409 (Ch) (13 October 2008)

Pickthall v Hill Dickinson LLP & Anor [2008] EWHC 3409 (Ch) (13 October 2008)

The claim was statute-barred prior to 20 June 2007 because the loss, for limitation purposes, was suffered at the time of entering into the share sale agreement or, at the latest, when proceedings were issued or particulars of claim served against the claimant in 2001. The claim fell within the category of cases where the claimant received less than he should have due to professional negligence, and thus time began to run at the date of the transaction. The issue of the claim form was not an abuse of process as there was a genuine intention to pursue the claim and steps were being taken to obtain the assignment. However, it was necessary to amend the claim form to plead the assignment,...

Citation
[2008] EWHC 3409 (Ch)
Parties
Claimant: Jason Pickthall; First Defendant: Hill Dickinson LLP; Second Defendant: Richard John Martindale
Jurisdiction
England and Wales
Judgment Date
13 October 2008
Procedural Posture
Civil Professional Negligence / Preliminary Issues Trial (limitation and Abuse of Process)
Outcome
Claim dismissed as statute-barred
Legal Topics
Limitation of Actions, Assignment of Claims, Abuse of Process, Solicitor's Duty of Care, Loss and Damage Accrual, Amendment of Claim Form
Professional Negligence Contract Law Bankruptcy Law Civil Procedure Limitation of Actions Assignment of Claims Abuse of Process Solicitor's Duty of Care +2 more

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Parties

Jason Pickthall

Claimant

Hill Dickinson LLP

First Defendant

Richard John Martindale

Second Defendant

Procedural Posture

Civil Professional Negligence / Preliminary Issues Trial (limitation and Abuse of Process)

Legal Issues

  1. 1 Whether the claim against the defendants was statute-barred as at the date of assignment (20 June 2007)
  2. 2 Whether the issue of the claim form was an abuse of process
  3. 3 Whether it was necessary to amend the claim form to plead the assignment

Ratio Decidendi

The claim was statute-barred prior to 20 June 2007 because the loss, for limitation purposes, was suffered at the time of entering into the share sale agreement or, at the latest, when proceedings were issued or particulars of claim served against the claimant in 2001. The claim fell within the category of cases where the claimant received less than he should have due to professional negligence, and thus time began to run at the date of the transaction. The issue of the claim form was not an abuse of process as there was a genuine intention to pursue the claim and steps were being taken to obtain the assignment. However, it was necessary to amend the claim form to plead the assignment,...

Court Disposition

Claim dismissed as statute-barred

Orders

  • The claim is dismissed as statute-barred.
  • No abuse of process found in issuing the claim form.