Global Marine Drillships Ltd v Landmark Solicitors LLP & Ors

Global Marine Drillships Ltd v Landmark Solicitors LLP & Ors

There are significant factual disputes regarding whether Global Marine authorised or acquiesced in the payments made by Ms Jones and Landmark, and whether the terms of the solicitor's undertaking were modified. These disputes cannot be resolved without a full trial. The claim against Mr Mullins is not properly pleaded as to dishonesty and must also go to trial.

Parties
Claimant/applicant: Global Marine Drillships Limited; Second Defendant/respondent: Landmark Solicitors LLP; Third Defendant/respondent: Salina Jayne Jones; Eighth Defendant/respondent: Frank Mullins (also known as Frank Crawford)
Jurisdiction
England and Wales
Judgment Date
24 October 2011
Procedural Posture
Civil (summary Judgment Application) / Interlocutory (summary Judgment Application)
Outcome
Summary judgment refused; applications dismissed.
Legal Topics
Solicitor's Undertaking, Quistclose Trust, Summary Judgment, Breach of Trust, Dishonest Assistance
Trusts Professional Conduct Civil Procedure Solicitor's Undertaking Quistclose Trust Summary Judgment Breach of Trust Dishonest Assistance

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Parties

Global Marine Drillships Limited

Claimant/applicant

Landmark Solicitors LLP

Second Defendant/respondent

Salina Jayne Jones

Third Defendant/respondent

Frank Mullins (also known as Frank Crawford)

Eighth Defendant/respondent

Procedural Posture

Civil (summary Judgment Application) / Interlocutory (summary Judgment Application)

Legal Issues

  1. 1 Whether summary judgment should be granted against Landmark Solicitors LLP and Salina Jayne Jones for breach of a solicitor's undertaking and trust obligations
  2. 2 Whether summary judgment should be granted against Frank Mullins for dishonest assistance in breach of trust

Ratio Decidendi

There are significant factual disputes regarding whether Global Marine authorised or acquiesced in the payments made by Ms Jones and Landmark, and whether the terms of the solicitor's undertaking were modified. These disputes cannot be resolved without a full trial. The claim against Mr Mullins is not properly pleaded as to dishonesty and must also go to trial.

Court Disposition

Summary judgment refused; applications dismissed.

Orders

  • The applications for summary judgment against Landmark Solicitors LLP, Salina Jayne Jones, and Frank Mullins are dismissed.
  • Permission granted to Landmark and Ms Jones to rely on their amended defence.