Social Money Limited v Attwells Solicitors LLP & Anor

Social Money Limited v Attwells Solicitors LLP & Anor

Attwells has a real prospect of defending the claim at trial on construction of undertakings and breach of trust; summary judgment and strike out are inappropriate as issues require fuller investigation and disclosure.

Parties
Claimant: Social Money Limited; First Defendant: Attwells Solicitors LLP; Second Defendant: Phillip Hewett
Jurisdiction
England and Wales
Judgment Date
17 December 2024
Procedural Posture
Civil / Summary Judgment and Strike Out Application
Outcome
Application dismissed
Legal Topics
Solicitors' Undertakings, Breach of Trust, Summary Judgment, Strike Out, Mortgage Fraud, Common Mistake, Failure of Consideration
Contract Law Trust Law Professional Liability Solicitors' Undertakings Breach of Trust Summary Judgment Strike Out Mortgage Fraud +2 more

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Parties

Social Money Limited

Claimant

Attwells Solicitors LLP

First Defendant

Phillip Hewett

Second Defendant

Procedural Posture

Civil / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether Attwells breached contractual undertakings given to SoMo
  2. 2 Whether Attwells breached trust in releasing loan monies
  3. 3 Proper construction of solicitors' undertakings

Ratio Decidendi

Attwells has a real prospect of defending the claim at trial on construction of undertakings and breach of trust; summary judgment and strike out are inappropriate as issues require fuller investigation and disclosure.

Court Disposition

Application dismissed

Orders

  • Claim against Attwells to proceed to trial
  • Further directions to be determined after hearing from Counsel