Webster v Sandersons Solicitors (A Firm) [2009] EWCA Civ 830 (31 July 2009)

Webster v Sandersons Solicitors (A Firm) [2009] EWCA Civ 830 (31 July 2009)

The claimant cannot recover losses suffered by his company or pension fund in his personal claim against Sandersons, as these are not his personal losses and the Giles v Rhind exception does not apply; only direct personal losses and lost income due to loss of employment are recoverable.

Citation
[2009] EWCA Civ 830
Parties
Claimant/respondent: Charles Frederick Webster; Defendants/appellants: Sandersons Solicitors (A Firm)
Jurisdiction
England and Wales
Judgment Date
31 July 2009
Procedural Posture
Appeal (civil) / Appeal From High Court Order Granting Permission to Amend Particulars of Claim and Schedule of Loss
Outcome
Appeal allowed in part; amendments to schedule of loss limited to claimant's personal losses and lost income claim.
Legal Topics
Reflective Loss, Derivative Actions, Limitation of Actions, Loss of a Chance, Amendment of Pleadings, Shareholder Claims, Trustee Claims
Company Law Trust Law Professional Negligence Civil Procedure Reflective Loss Derivative Actions Limitation of Actions Loss of a Chance +3 more

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Parties

Charles Frederick Webster

Claimant/respondent

Sandersons Solicitors (A Firm)

Defendants/appellants

Procedural Posture

Appeal (civil) / Appeal From High Court Order Granting Permission to Amend Particulars of Claim and Schedule of Loss

Legal Issues

  1. 1 Whether the claimant can recover losses suffered by his company or pension fund in his personal claim against solicitors for professional negligence
  2. 2 Whether the exceptions in Giles v Rhind apply to permit recovery of reflective loss
  3. 3 Whether the claimant can claim for diminution in value of his pension fund or only the trustees can sue

Ratio Decidendi

The claimant cannot recover losses suffered by his company or pension fund in his personal claim against Sandersons, as these are not his personal losses and the Giles v Rhind exception does not apply; only direct personal losses and lost income due to loss of employment are recoverable.

Court Disposition

Appeal allowed in part; amendments to schedule of loss limited to claimant's personal losses and lost income claim.

Orders

  • Permission to amend particulars of claim and schedule of loss limited to items in category (i) (personal losses) and claim for lost income in category (iv).
  • All other amendments relating to company and pension fund losses disallowed.