Harrison & Anor v Halliwell Landau (A Firm) [2004] EWCA Civ 1196 (18 August 2004)

Harrison & Anor v Halliwell Landau (A Firm) [2004] EWCA Civ 1196 (18 August 2004)

There was no breach of any duty to disclose by Halliwell Landau, and even if there had been, the alleged non-disclosure was not material to the outcome. The judge's findings of fact and application of disclosure rules were unassailable, and there was no realistic prospect of a successful appeal.

Citation
[2004] EWCA Civ 1196
Parties
Claimant/applicant: Paul Godfrey Harrison; Claimant/applicant: Catriona Harrison; Defendant/respondent: Halliwell Landau (A Firm)
Jurisdiction
England and Wales
Judgment Date
18 August 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Judgment
Outcome
Permission to appeal refused
Legal Topics
Setting Aside Consent Orders, Non Disclosure of Documents, Solicitor Client Duties, Summary Judgment, Appeal Procedure
Civil Procedure Professional Negligence Setting Aside Consent Orders Non Disclosure of Documents Solicitor Client Duties Summary Judgment Appeal Procedure

Case Brief

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Parties

Paul Godfrey Harrison

Claimant/applicant

Catriona Harrison

Claimant/applicant

Halliwell Landau (A Firm)

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the consent order should be set aside for material non-disclosure
  2. 2 Whether Halliwell Landau breached a duty to disclose documents
  3. 3 Whether any non-disclosure was material to the outcome

Ratio Decidendi

There was no breach of any duty to disclose by Halliwell Landau, and even if there had been, the alleged non-disclosure was not material to the outcome. The judge's findings of fact and application of disclosure rules were unassailable, and there was no realistic prospect of a successful appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused