Perotti v Collyer-Bristow (A Firm)

Perotti v Collyer-Bristow (A Firm)

All applications by Mr Perotti are totally devoid of merit. The solicitors were not negligent, were entitled to terminate the retainer, and no loss was suffered by Mr Perotti as a result of the alleged failures. The trial judge’s procedural rulings were within discretion. Further restraint orders are justified to prevent abuse of process.

Parties
Claimant/appellant: Angelo Perotti; Defendants/respondents: Collyer-Bristow (A Firm)
Jurisdiction
England and Wales
Judgment Date
21 May 2004
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Multiple Interlocutory Orders
Outcome
All applications dismissed as totally devoid of merit. Permission to appeal refused. Further restraint orders proposed.
Legal Topics
Solicitor Negligence, Retainer Termination, Civil Restraint Orders, Appeal Procedure, Costs
Professional Negligence Civil Procedure Solicitor Negligence Retainer Termination Civil Restraint Orders Appeal Procedure Costs

Case Brief

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Parties

Angelo Perotti

Claimant/appellant

Collyer-Bristow (A Firm)

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Multiple Interlocutory Orders

Legal Issues

  1. 1 Whether Collyer-Bristow were negligent in failing to plead certain issues in the administration action
  2. 2 Whether the solicitors were justified in terminating their retainer
  3. 3 Whether the trial judge erred in refusing various applications by Mr Perotti during trial

Ratio Decidendi

All applications by Mr Perotti are totally devoid of merit. The solicitors were not negligent, were entitled to terminate the retainer, and no loss was suffered by Mr Perotti as a result of the alleged failures. The trial judge’s procedural rulings were within discretion. Further restraint orders are justified to prevent abuse of process.

Court Disposition

All applications dismissed as totally devoid of merit. Permission to appeal refused. Further restraint orders proposed.

Orders

  • All 14 applications by Mr Perotti dismissed
  • Permission to appeal refused