Perotti v Collyer-Bristow (A Firm) [2004] EWCA Civ 639 (21 May 2004)

Perotti v Collyer-Bristow (A Firm) [2004] EWCA Civ 639 (21 May 2004)

All applications by Mr Perotti were dismissed as totally devoid of merit. The trial judge was entitled to make the procedural and substantive decisions challenged, including refusing amendments, adjournments, and witness summonses, and finding no negligence by Collyer-Bristow. The solicitors were justified in terminating the retainer. The extended civil restraint order against Mr Perotti was appropriate and should be varied to further restrict his ability to make unmeritorious applications.

Citation
[2004] EWCA Civ 639
Parties
Claimant/appellant: Angelo Perotti; Defendants/respondents: Collyer-Bristow (A Firm)
Jurisdiction
England and Wales
Judgment Date
21 May 2004
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Multiple Applications for Permission to Appeal and Related Orders
Outcome
All applications dismissed as totally devoid of merit. Directions proposed to further restrain Mr Perotti's litigation activities.
Legal Topics
Solicitor Negligence, Administration of Estates, Civil Restraint Orders, Appeal Procedure, Costs
Civil Procedure Professional Negligence Solicitor Negligence Administration of Estates Civil Restraint Orders Appeal Procedure Costs

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Parties

Angelo Perotti

Claimant/appellant

Collyer-Bristow (A Firm)

Defendants/respondents

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Multiple Applications for Permission to Appeal and Related Orders

Legal Issues

  1. 1 Whether Messrs Collyer-Bristow were negligent in their conduct of the administration proceedings for Mr Perotti, specifically regarding the administration fees issue and the investment issue
  2. 2 Whether the trial judge erred in refusing various procedural applications by Mr Perotti during the trial
  3. 3 Whether the trial judge erred in refusing amendments to pleadings and witness summonses

Ratio Decidendi

All applications by Mr Perotti were dismissed as totally devoid of merit. The trial judge was entitled to make the procedural and substantive decisions challenged, including refusing amendments, adjournments, and witness summonses, and finding no negligence by Collyer-Bristow. The solicitors were justified in terminating the retainer. The extended civil restraint order against Mr Perotti was appropriate and should be varied to further restrict his ability to make unmeritorious applications.

Court Disposition

All applications dismissed as totally devoid of merit. Directions proposed to further restrain Mr Perotti's litigation activities.

Orders

  • Dismissal of 14 applications for permission to appeal and related orders
  • Variation of extended civil restraint order to make High Court judge's decision final unless permission to appeal is granted by that judge