Fuller v H F T Gough & Co Ltd

Fuller v H F T Gough & Co Ltd

The claimant's statement of case fails to plead a recognised cause of action in negligence, and the losses claimed are attributable to his own actions and have already been determined by a competent court; no duty of care is owed to the claimant as a beneficiary for the losses claimed, which are outside the scope of any such duty; the claim is struck out as an abuse of process and, alternatively, reverse summary judgment is granted as there is no real prospect of success.

Parties
Claimant/respondent: Mr Jan Stephen Fuller; Defendant/applicant: H F T Gough & Co Limited
Jurisdiction
England and Wales
Judgment Date
04 June 2019
Procedural Posture
Professional Negligence / Application for Strike Out or Reverse Summary Judgment
Outcome
Claim struck out as an abuse of process; reverse summary judgment granted in the alternative.
Legal Topics
Strike Out, Summary Judgment, Duty of Care, Beneficiary Claims, Rectification of Wills, Costs Orders
Civil Procedure Professional Negligence Probate Strike Out Summary Judgment Duty of Care Beneficiary Claims Rectification of Wills +1 more

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Parties

Mr Jan Stephen Fuller

Claimant/respondent

H F T Gough & Co Limited

Defendant/applicant

Procedural Posture

Professional Negligence / Application for Strike Out or Reverse Summary Judgment

Legal Issues

  1. 1 Whether the claimant's statement of case discloses reasonable grounds for bringing the claim
  2. 2 Whether the claim is an abuse of process due to prior determination of costs
  3. 3 Whether the defendant owed a duty of care to the claimant as a beneficiary

Ratio Decidendi

The claimant's statement of case fails to plead a recognised cause of action in negligence, and the losses claimed are attributable to his own actions and have already been determined by a competent court; no duty of care is owed to the claimant as a beneficiary for the losses claimed, which are outside the scope of any such duty; the claim is struck out as an abuse of process and, alternatively, reverse summary judgment is granted as there is no real prospect of success.

Court Disposition

Claim struck out as an abuse of process; reverse summary judgment granted in the alternative.

Orders

  • The claim is struck out in its entirety.
  • Reverse summary judgment is granted to the defendant.