Capita Pension Trustees Ltd & Anor v Sedgwick Financial Services Ltd & Ors

Capita Pension Trustees Ltd & Anor v Sedgwick Financial Services Ltd & Ors

The additional claim, when read in the context of the factual matrix and supporting documents, discloses reasonable grounds for bringing the claim and a realistic prospect of success. The issues regarding the existence and scope of the third party's retainer and duty are triable and should not be determined summarily. The pleadings require amendment for coherence, but the claim should not be struck out or disposed of by summary judgment.

Parties
Claimant: Capita Pension Trustees Limited; Claimant: David Stocks; Defendant/respondent: Sedgwick Financial Services Limited; Defendant/respondent: Sedgwick Noble Lowndes Limited; Defendant/respondent: Mercer Limited; Third Party/applicant: Denton Hall (A Firm)
Jurisdiction
England and Wales
Judgment Date
20 February 2019
Procedural Posture
Civil Professional Negligence / Interlocutory Application (strike Out and Summary Judgment)
Outcome
Application dismissed (no strike out or summary judgment granted)
Legal Topics
Strike Out Applications, Summary Judgment, Solicitor Retainer, Contribution and Indemnity, Pension Scheme Amendments
Civil Procedure Professional Negligence Pensions Law Strike Out Applications Summary Judgment Solicitor Retainer Contribution and Indemnity Pension Scheme Amendments

Case Brief

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Parties

Capita Pension Trustees Limited

Claimant

David Stocks

Claimant

Sedgwick Financial Services Limited

Defendant/respondent

Sedgwick Noble Lowndes Limited

Defendant/respondent

Mercer Limited

Defendant/respondent

Denton Hall (A Firm)

Third Party/applicant

Procedural Posture

Civil Professional Negligence / Interlocutory Application (strike Out and Summary Judgment)

Legal Issues

  1. 1 Whether the defendants' additional claim against the third party discloses reasonable grounds for bringing the claim (strike out)
  2. 2 Whether the defendants have a real prospect of success on the additional claim (summary judgment)
  3. 3 Whether the third party owed contractual or tortious duties to advise on the formalities of pension scheme amendments

Ratio Decidendi

The additional claim, when read in the context of the factual matrix and supporting documents, discloses reasonable grounds for bringing the claim and a realistic prospect of success. The issues regarding the existence and scope of the third party's retainer and duty are triable and should not be determined summarily. The pleadings require amendment for coherence, but the claim should not be struck out or disposed of by summary judgment.

Court Disposition

Application dismissed (no strike out or summary judgment granted)

Orders

  • Defendants to amend their additional claim to set out a coherent and orthodox pleading of the facts and matters relied upon in support of the allegation of the third party’s retainer and its scope.
  • Application to admit further evidence by correspondence dismissed.