Tomlinson v Lawvue Solicitors & Anor [2018] EWHC 3623 (QB) (09 March 2018)

Tomlinson v Lawvue Solicitors & Anor [2018] EWHC 3623 (QB) (09 March 2018)

Relief from sanctions granted for late witness evidence as prejudice to claimant insufficient; strike out/summary judgment only allowed for claims relating to costs and damages for distress/inconvenience, and expenditure associated with lack of planning consent against Lawvue; remaining issues of breach, causation, and recoverable losses require trial due to factual disputes and arguable duty of care.

Citation
[2018] EWHC 3623
Parties
Claimant: Heidi Tomlinson; First Defendant: Lawvue Solicitors; Second Defendant: TW Solicitors
Jurisdiction
England and Wales
Judgment Date
09 March 2018
Procedural Posture
Professional Negligence / Pre Trial Interlocutory Applications
Outcome
Applications for strike out/summary judgment allowed in part; relief from sanctions granted; specific disclosure ordered; costs apportioned.
Legal Topics
Relief From Sanctions, Strike Out, Summary Judgment, Disclosure, Causation, Damages, Solicitors' Duties
Professional Negligence Civil Procedure Relief From Sanctions Strike Out Summary Judgment Disclosure Causation Damages +1 more

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Parties

Heidi Tomlinson

Claimant

Lawvue Solicitors

First Defendant

TW Solicitors

Second Defendant

Procedural Posture

Professional Negligence / Pre Trial Interlocutory Applications

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late service of witness evidence
  2. 2 Whether strike out or summary judgment is appropriate against the claimant's claims
  3. 3 Scope of solicitors' duty of care in property transactions

Ratio Decidendi

Relief from sanctions granted for late witness evidence as prejudice to claimant insufficient; strike out/summary judgment only allowed for claims relating to costs and damages for distress/inconvenience, and expenditure associated with lack of planning consent against Lawvue; remaining issues of breach, causation, and recoverable losses require trial due to factual disputes and arguable duty of care.

Court Disposition

Applications for strike out/summary judgment allowed in part; relief from sanctions granted; specific disclosure ordered; costs apportioned.

Orders

  • Lawvue granted relief from sanctions for late witness evidence.
  • Claimant's application for strike out/summary judgment against Lawvue dismissed.