Abdullah Nasser Bin Obaid & Ors v RLS Solicitors Limited (trading as RLS Law)

Abdullah Nasser Bin Obaid & Ors v RLS Solicitors Limited (trading as RLS Law)

On proper construction, the Settlement Deed did not bar the Claimants from bringing a professional negligence claim against their own solicitors (RLS), as the release was intended to bar claims only against agents of other parties, not one’s own agents. The Deputy Master’s order striking out the claim was therefore wrong in law.

Parties
Claimant/appellant: Abdullah Nasser Bin Obaid; Claimant/appellant: OH-NA Real Estate Company Limited; Claimant/appellant: TAQA Investment Company; Defendant/respondent: RLS Solicitors Limited (trading as RLS Law)
Jurisdiction
England and Wales
Judgment Date
26 July 2024
Procedural Posture
Appeal (civil) / Judgment on Appeal From Deputy Master’s Order Striking Out Claim
Outcome
Appeal allowed; order striking out claim set aside; Defendant’s application to strike out or summarily dismiss the claim dismissed.
Legal Topics
Solicitors’ Negligence, Interpretation of Settlement Agreements, Fiduciary Duties, Summary Judgment, Striking Out Pleadings
Contract Law Tort Law Professional Negligence Solicitors’ Negligence Interpretation of Settlement Agreements Fiduciary Duties Summary Judgment Striking Out Pleadings

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Parties

Abdullah Nasser Bin Obaid

Claimant/appellant

OH-NA Real Estate Company Limited

Claimant/appellant

TAQA Investment Company

Claimant/appellant

RLS Solicitors Limited (trading as RLS Law)

Defendant/respondent

Procedural Posture

Appeal (civil) / Judgment on Appeal From Deputy Master’s Order Striking Out Claim

Legal Issues

  1. 1 Whether the Settlement Deed barred the Claimants from bringing a professional negligence claim against their own solicitors (RLS)
  2. 2 Proper construction of the Settlement Deed regarding releases and scope of barred claims

Ratio Decidendi

On proper construction, the Settlement Deed did not bar the Claimants from bringing a professional negligence claim against their own solicitors (RLS), as the release was intended to bar claims only against agents of other parties, not one’s own agents. The Deputy Master’s order striking out the claim was therefore wrong in law.

Court Disposition

Appeal allowed; order striking out claim set aside; Defendant’s application to strike out or summarily dismiss the claim dismissed.

Orders

  • Order of Deputy Master striking out the claim and giving judgment for Defendant set aside.
  • Defendant’s application dated 7 October to strike out or summarily dismiss the claim dismissed.