Perotti v Iliffe Booth Bennett & Ors

Perotti v Iliffe Booth Bennett & Ors

The claimant's allegations of negligence had no real prospect of success, the issues had already been determined in previous litigation, and the proceedings constituted an abuse of process. Summary judgment for the defendants was appropriate and permission to appeal was refused.

Parties
Claimant/appellant: Angelo Perotti; Defendants/respondents: Iliffe Booth Bennett and Others
Jurisdiction
England and Wales
Judgment Date
27 July 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal; Summary Judgment at First Instance
Outcome
Application for permission to appeal dismissed
Legal Topics
Summary Judgment, Abuse of Process, Professional Negligence, Costs Orders, Appeals Procedure
Civil Procedure Professional Negligence Summary Judgment Abuse of Process Costs Orders Appeals Procedure

Case Brief

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Parties

Angelo Perotti

Claimant/appellant

Iliffe Booth Bennett and Others

Defendants/respondents

Procedural Posture

Civil Appeal / Application for Permission to Appeal; Summary Judgment at First Instance

Legal Issues

  1. 1 Whether the claimant's allegations of professional negligence against his former solicitors and counsel had any real prospect of success
  2. 2 Whether the proceedings constituted an abuse of process by re-litigating issues already determined
  3. 3 Whether summary judgment was properly entered for the defendants

Ratio Decidendi

The claimant's allegations of negligence had no real prospect of success, the issues had already been determined in previous litigation, and the proceedings constituted an abuse of process. Summary judgment for the defendants was appropriate and permission to appeal was refused.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Summary judgment for all defendants stands
  • Proceedings struck out as an abuse of process