Perotti v Iliffes Booth Bennett (A Firm) & Ors [2003] EWHC 2497 (Ch) (28 October 2003)

Perotti v Iliffes Booth Bennett (A Firm) & Ors [2003] EWHC 2497 (Ch) (28 October 2003)

The claims against the defendants are struck out and/or summary judgment is granted because the issues have already been determined in previous proceedings, the claims are an abuse of process, and/or have no real prospect of success. The evidence shows that the defendants acted reasonably within the scope of their retainers, and no actionable breach or causative loss is established.

Citation
[2003] EWHC 2497 (Ch)
Parties
Claimant: Angelo Perotti; First Defendant: Iliffes Booth Bennett (a firm); Second Defendant: Bird & Bird (a firm); Third Defendant: Richard Francis Dudley Barlow (Sued as Francis Barlow)
Jurisdiction
England and Wales
Judgment Date
28 October 2003
Procedural Posture
Civil Professional Negligence / Application to Strike Out And/or Summary Judgment
Outcome
Claim struck out and/or summary judgment granted in favour of all defendants
Legal Topics
Strike Out Applications, Summary Judgment, Abuse of Process, Res Judicata, Limitation Periods, Duties of Legal Professionals, Administration of Estates
Civil Procedure Professional Negligence Trusts and Estates Strike Out Applications Summary Judgment Abuse of Process Res Judicata Limitation Periods +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Angelo Perotti

Claimant

Iliffes Booth Bennett (a firm)

First Defendant

Bird & Bird (a firm)

Second Defendant

Richard Francis Dudley Barlow (Sued as Francis Barlow)

Third Defendant

Procedural Posture

Civil Professional Negligence / Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claimant's claims against the defendant legal professionals are an abuse of process or have no real prospect of success
  2. 2 Whether the claims are barred by previous litigation (res judicata/Henderson v Henderson abuse)
  3. 3 Whether the defendants breached any duty owed to the claimant in the conduct of earlier litigation

Ratio Decidendi

The claims against the defendants are struck out and/or summary judgment is granted because the issues have already been determined in previous proceedings, the claims are an abuse of process, and/or have no real prospect of success. The evidence shows that the defendants acted reasonably within the scope of their retainers, and no actionable breach or causative loss is established.

Court Disposition

Claim struck out and/or summary judgment granted in favour of all defendants

Orders

  • Claim dismissed against all defendants
  • Any applications by the claimant for disciplinary measures against the defendants' lawyers are dismissed