Hughmans (a firm) v Dunhill [2015] EWCA Civ 1307 (17 December 2015)

Hughmans (a firm) v Dunhill [2015] EWCA Civ 1307 (17 December 2015)

Permission to appeal is granted on multiple grounds because it is arguable that the judge erred in determining complex factual and legal issues summarily under CPR Part 24, particularly regarding the status of trust assets, the scope of the solicitor's duty, causation, and the viability of the children's claims.

Citation
[2015] EWCA Civ 1307
Parties
Claimant/appellant: Hughmans (a firm); Defendant/respondent: Dunhill
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Civil Appeal / Permission to Appeal From Summary Judgment
Outcome
Permission to appeal granted on specified grounds; permission refused on others.
Legal Topics
Summary Judgment, Solicitor's Duty of Care, Trust Assets, Counterclaim, Causation, Scope of Retainer, Children's Claims, Wasted Costs
Civil Procedure Professional Negligence Trusts and Estates Family Law Summary Judgment Solicitor's Duty of Care Trust Assets Counterclaim +4 more

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Parties

Hughmans (a firm)

Claimant/appellant

Dunhill

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment was appropriate under CPR Part 24
  2. 2 Whether Hughmans owed a duty of care to the defendant and her children
  3. 3 Whether there was a breach of duty by Hughmans

Ratio Decidendi

Permission to appeal is granted on multiple grounds because it is arguable that the judge erred in determining complex factual and legal issues summarily under CPR Part 24, particularly regarding the status of trust assets, the scope of the solicitor's duty, causation, and the viability of the children's claims.

Court Disposition

Permission to appeal granted on specified grounds; permission refused on others.

Orders

  • Permission to appeal granted on grounds relating to summary judgment, scope of duty, breach, causation, and children's claims.
  • Permission refused on ground relating to Professor Gazzard's evidence.