Thomson Snell & Passmore (A Firm) v Armstrong & Anor

Thomson Snell & Passmore (A Firm) v Armstrong & Anor

There was ample unchallenged evidence that the solicitors' fees were reasonable and no triable issue was raised; the Counterclaim was unsustainable and unsupported by evidence; permission to appeal on the fees issue was refused, but conditional permission to appeal on the professional negligence issue was granted upon payment into court.

Parties
Claimant/respondent: Thomson Snell & Passmore; Defendant/appellant: Terence Armstrong; Defendant/appellant: Jason Armstrong
Jurisdiction
England and Wales
Judgment Date
31 July 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Summary Judgment and Strike Out Order
Outcome
Permission to appeal refused on costs issue; conditional permission to appeal granted on professional negligence issue upon payment into court
Legal Topics
Summary Judgment, Solicitors' Fees, Striking Out Pleadings, Professional Negligence
Civil Procedure Legal Profession Summary Judgment Solicitors' Fees Striking Out Pleadings Professional Negligence

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Parties

Thomson Snell & Passmore

Claimant/respondent

Terence Armstrong

Defendant/appellant

Jason Armstrong

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Summary Judgment and Strike Out Order

Legal Issues

  1. 1 Whether summary judgment for unpaid solicitors' fees was properly granted
  2. 2 Whether the Defence and Counterclaim should have been struck out
  3. 3 Whether permission to amend Defence and Counterclaim should have been granted

Ratio Decidendi

There was ample unchallenged evidence that the solicitors' fees were reasonable and no triable issue was raised; the Counterclaim was unsustainable and unsupported by evidence; permission to appeal on the fees issue was refused, but conditional permission to appeal on the professional negligence issue was granted upon payment into court.

Court Disposition

Permission to appeal refused on costs issue; conditional permission to appeal granted on professional negligence issue upon payment into court

Orders

  • Permission to appeal on the reasonableness of costs refused
  • Permission to appeal on the Counterclaim/professional negligence issue granted conditional on payment of £20,000 into court within 28 days