Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd (PROFESSIONAL NEGLIGENCE - Solicitors - Loss of opportunity to pursue claim to trial - Damages - Defendant's application to strike out and for summary judgment) [2022] EWHC 2275 (Ch) (29 September 2022)

Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd (PROFESSIONAL NEGLIGENCE - Solicitors - Loss of opportunity to pursue claim to trial - Damages - Defendant's application to strike out and for summary judgment) [2022] EWHC 2275 (Ch) (29 September 2022)

The court finds that the claimant's case on being the contracting party for SVP and ERR contracts lacks real prospects of success, the contractual interest claimed is penal and unrecoverable, and the claim for interest at judgment debt rate is bad in law. The claimant's conduct and evidence are insufficient to...

Source-derived case information.

Citation
[2022] EWHC 2275 (Ch)
Parties
Claimant/respondent: Harrington Scott Limited; Defendant/applicant: Coupe Bradbury Solicitors Limited
Jurisdiction
England and Wales
Judgment Date
29 September 2022
Procedural Posture
Professional Negligence Solicitors / Application for Strike Out And/or Summary Judgment
Outcome
Claim struck out and/or summary judgment granted in favour of defendant
Legal Topics
Loss of Opportunity, Damages Assessment, Strike Out, Summary Judgment, Contractual Interpretation, Waiver, Forbearance, Penalty Clauses, Interest on Damages
Professional Negligence Contract Law Civil Procedure Loss of Opportunity Damages Assessment Strike Out Summary Judgment Contractual Interpretation +4 more

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Parties

Harrington Scott Limited

Claimant/respondent

Coupe Bradbury Solicitors Limited

Defendant/applicant

Procedural Posture

Professional Negligence Solicitors / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claimant lost the opportunity to pursue claims against Kinross due to defendant's alleged negligence
  2. 2 Whether the claimant was the proper contracting party under the SVP and ERR contracts
  3. 3 Whether damages for breach of contract should be assessed on a counter-factual basis

Ratio Decidendi

The court finds that the claimant's case on being the contracting party for SVP and ERR contracts lacks real prospects of success, the contractual interest claimed is penal and unrecoverable, and the claim for interest at judgment debt rate is bad in law. The claimant's conduct and evidence are insufficient to justify proceeding to trial. The claim is unwinnable and constitutes an abuse of process.

Court Disposition

Claim struck out and/or summary judgment granted in favour of defendant

Orders

  • Entire claim struck out
  • Summary judgment entered for defendant