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 was granted to Lawvue and TW for late service of witness evidence and notice to prove documents, as the defaults were not serious or significant and did not prejudice the claimant. Applications for strike out/summary judgment were allowed only in part: claims for costs, distress, inconvenience, and losses directly associated with lack of planning consent were struck out as irrecoverable; remaining claims involving breach of duty, causation, and loss required determination at trial due to factual disputes. Orders for disclosure were made against the claimant due to non-compliance with previous directions.

Citation
[2018] EWHC 3623 (QB)
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 / Interlocutory Applications Prior to Trial
Outcome
Applications for relief from sanctions granted; applications for strike out/summary judgment allowed in part; certain heads of claim struck out; disclosure ordered; costs orders made.
Legal Topics
Relief From Sanctions, Strike Out, Summary Judgment, Disclosure, Solicitor's Duty of Care, Causation and Loss, Costs Orders
Professional Negligence Civil Procedure Relief From Sanctions Strike Out Summary Judgment Disclosure Solicitor's Duty of Care Causation and Loss +1 more

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Parties

Heidi Tomlinson

Claimant

Lawvue Solicitors

First Defendant

TW Solicitors

Second Defendant

Procedural Posture

Professional Negligence / Interlocutory Applications Prior to Trial

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late service of witness evidence
  2. 2 Whether claims or defences should be struck out or summary judgment granted
  3. 3 Scope of solicitors' duty of care in property transactions

Ratio Decidendi

Relief from sanctions was granted to Lawvue and TW for late service of witness evidence and notice to prove documents, as the defaults were not serious or significant and did not prejudice the claimant. Applications for strike out/summary judgment were allowed only in part: claims for costs, distress, inconvenience, and losses directly associated with lack of planning consent were struck out as irrecoverable; remaining claims involving breach of duty, causation, and loss required determination at trial due to factual disputes. Orders for disclosure were made against the claimant due to non-compliance with previous directions.

Court Disposition

Applications for relief from sanctions granted; applications for strike out/summary judgment allowed in part; certain heads of claim struck out; disclosure ordered; costs orders made.

Orders

  • Lawvue granted relief from sanctions for late service of witness evidence.
  • TW granted relief from sanctions for late service of notice to prove documents.