Global Marine Drillships Ltd v Landmark Solicitors LLP & Ors [2011] EWHC 2685 (Ch) (24 October 2011)

Global Marine Drillships Ltd v Landmark Solicitors LLP & Ors [2011] EWHC 2685 (Ch) (24 October 2011)

Summary judgment cannot be granted against Landmark Solicitors LLP and Salina Jayne Jones due to unresolved factual disputes regarding Global Marine's alleged authorisation of the payments and the circumstances of the breach. The Quistclose trust applies, but the defences require full trial. Summary judgment against Mr Mullins is not granted as he did not participate in proceedings and factual issues remain.

Citation
[2011] EWHC 2685 (Ch)
Parties
Claimant/applicant: Global Marine Drillships Limited; Defendant/respondent: Landmark Solicitors LLP; Defendant/respondent: Salina Jayne Jones; Defendant/respondent: Frank Mullins (also known as Frank Crawford)
Jurisdiction
England and Wales
Judgment Date
24 October 2011
Procedural Posture
Summary Judgment Application / Post Hearing Judgment
Outcome
Summary judgment refused; case to proceed to trial.
Legal Topics
Solicitor's Undertaking, Quistclose Trust, Breach of Trust, Summary Judgment Principles
Trusts Professional Conduct Contract Solicitor's Undertaking Quistclose Trust Breach of Trust Summary Judgment Principles

Case Brief

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Parties

Global Marine Drillships Limited

Claimant/applicant

Landmark Solicitors LLP

Defendant/respondent

Salina Jayne Jones

Defendant/respondent

Frank Mullins (also known as Frank Crawford)

Defendant/respondent

Procedural Posture

Summary Judgment Application / Post Hearing Judgment

Legal Issues

  1. 1 Whether Landmark Solicitors LLP and Salina Jayne Jones breached the solicitor's undertaking by misapplying £7 million held for Global Marine
  2. 2 Whether Global Marine authorised the payments made by Landmark to Charles Barber
  3. 3 Whether summary judgment should be granted against Landmark, Ms Jones, and Mr Mullins

Ratio Decidendi

Summary judgment cannot be granted against Landmark Solicitors LLP and Salina Jayne Jones due to unresolved factual disputes regarding Global Marine's alleged authorisation of the payments and the circumstances of the breach. The Quistclose trust applies, but the defences require full trial. Summary judgment against Mr Mullins is not granted as he did not participate in proceedings and factual issues remain.

Court Disposition

Summary judgment refused; case to proceed to trial.