Commercial Law Practice Ltd & Anor v Atkinson Wheller Ltd [2024] EWHC 2195 (Ch) (30 August 2024)

Commercial Law Practice Ltd & Anor v Atkinson Wheller Ltd [2024] EWHC 2195 (Ch) (30 August 2024)

The First Assignment was champertous and void, so the first claimant had no title to sue; however, the court has discretion to allow amendment to plead the Second Assignment by the trustees in bankruptcy, which cures the defect; declaratory relief by the second claimant adds nothing and is struck out.

Citation
[2024] EWHC 2195 (Ch)
Parties
Claimant: The Commercial Law Practice Limited; Claimant: Stephen John Makin; Defendant: Atkinson Wheller Limited
Jurisdiction
England and Wales
Judgment Date
30 August 2024
Procedural Posture
Professional Negligence Claim / Summary Judgment and Amendment Application
Outcome
Summary judgment granted against first claimant; permission to amend granted; second claimant's declaratory relief claim struck out.
Legal Topics
Champerty, Assignment of Causes of Action, Summary Judgment, Amendment of Pleadings, Declaratory Relief
Civil Procedure Professional Negligence Bankruptcy Law Champerty Assignment of Causes of Action Summary Judgment Amendment of Pleadings Declaratory Relief

Case Brief

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Parties

The Commercial Law Practice Limited

Claimant

Stephen John Makin

Claimant

Atkinson Wheller Limited

Defendant

Procedural Posture

Professional Negligence Claim / Summary Judgment and Amendment Application

Legal Issues

  1. 1 Whether the First Assignment was void for champerty
  2. 2 Whether the first claimant had title to sue
  3. 3 Whether the claimants could amend to rely on the Second Assignment

Ratio Decidendi

The First Assignment was champertous and void, so the first claimant had no title to sue; however, the court has discretion to allow amendment to plead the Second Assignment by the trustees in bankruptcy, which cures the defect; declaratory relief by the second claimant adds nothing and is struck out.

Court Disposition

Summary judgment granted against first claimant; permission to amend granted; second claimant's declaratory relief claim struck out.

Orders

  • Summary judgment against the first claimant
  • Permission to the first claimant to amend to plead the Second Assignment