Jenkins v JCP Solicitors Ltd [2019] EWHC 852 (QB) (04 April 2019)

Jenkins v JCP Solicitors Ltd [2019] EWHC 852 (QB) (04 April 2019)

The appellant made a mistake as to the name, not identity, of the defendant; the Court has jurisdiction to allow substitution of the LLP for the Company in respect of the October/November 2011 advice, but not for the April 2011 advice as the claim is arguably statute-barred.

Citation
[2019] EWHC 852
Parties
Appellant/claimant: Huw Morgan Jenkins; Respondent/defendant: JCP Solicitors Limited
Jurisdiction
England and Wales
Judgment Date
04 April 2019
Procedural Posture
Appeal / High Court Appeal From Queen's Bench Division, Post Order of District Judge
Outcome
Appeal allowed in part
Legal Topics
Mistake in Party Identification, Limitation Period, Substitution of Parties, Negligence, Contractual Liability
Professional Negligence Civil Procedure Mistake in Party Identification Limitation Period Substitution of Parties Negligence Contractual Liability

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Parties

Huw Morgan Jenkins

Appellant/claimant

JCP Solicitors Limited

Respondent/defendant

Procedural Posture

Appeal / High Court Appeal From Queen's Bench Division, Post Order of District Judge

Legal Issues

  1. 1 Whether the appellant can substitute John Collins & Partners LLP for JCP Solicitors Limited as defendant after limitation period
  2. 2 Whether the claim for negligent advice in April 2011 is statute-barred
  3. 3 Nature of mistake in party identification under CPR 19.5

Ratio Decidendi

The appellant made a mistake as to the name, not identity, of the defendant; the Court has jurisdiction to allow substitution of the LLP for the Company in respect of the October/November 2011 advice, but not for the April 2011 advice as the claim is arguably statute-barred.

Court Disposition

Appeal allowed in part

Orders

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