Jenkins v JCP Solicitors Ltd

Jenkins v JCP Solicitors Ltd

The mistake in naming JCP Solicitors Limited instead of John Collins & Partners LLP was a mistake as to name, not identity, as evidenced by contemporaneous documents. The court has jurisdiction to allow substitution under CPR 19.5 for the October/November 2011 advice. The District Judge erred in law in refusing substitution and in considering the merits of the claim at this stage. However, the claim in respect of April 2011 advice was arguably statute-barred at the time of the claim form, so substitution or addition of the LLP for that claim is refused.

Parties
Appellant/claimant: Huw Morgan Jenkins; Respondent/defendant: JCP Solicitors Limited; Proposed Defendant: John Collins & Partners LLP
Jurisdiction
England and Wales
Judgment Date
04 April 2019
Procedural Posture
Appeal / Judgment on Appeal Against Order Dismissing Substitution Application and Striking Out Claim
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Limitation of Actions, Substitution of Parties, Mistake in Party Name, Professional Negligence by Solicitors
Civil Procedure Professional Negligence Limitation of Actions Substitution of Parties Mistake in Party Name Professional Negligence by Solicitors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Huw Morgan Jenkins

Appellant/claimant

JCP Solicitors Limited

Respondent/defendant

John Collins & Partners LLP

Proposed Defendant

Procedural Posture

Appeal / Judgment on Appeal Against Order Dismissing Substitution Application and Striking Out Claim

Legal Issues

  1. 1 Whether the appellant's mistake was as to the name or identity of the defendant for purposes of substitution under CPR 19.5
  2. 2 Whether the court should exercise its discretion to allow substitution of John Collins & Partners LLP for JCP Solicitors Limited
  3. 3 Whether the claim in respect of April 2011 advice was statute-barred at the time of the claim form

Ratio Decidendi

The mistake in naming JCP Solicitors Limited instead of John Collins & Partners LLP was a mistake as to name, not identity, as evidenced by contemporaneous documents. The court has jurisdiction to allow substitution under CPR 19.5 for the October/November 2011 advice. The District Judge erred in law in refusing substitution and in considering the merits of the claim at this stage. However, the claim in respect of April 2011 advice was arguably statute-barred at the time of the claim form, so substitution or addition of the LLP for that claim is refused.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Substitution of John Collins & Partners LLP as defendant in respect of October/November 2011 advice allowed
  • Permission to withdraw concession on limitation granted