The Commercial Law Practice Limited & Anor v Atkinson Wheller Limited

The Commercial Law Practice Limited & Anor v Atkinson Wheller Limited

The First Assignment was champertous and void, so the first claimant had no title to sue. However, the court exercised its discretion to allow the first claimant to amend its claim to rely on the Second Assignment from the trustees in bankruptcy, as this best accorded with the overriding objective and did not cause prejudice to the defendant. The second claimant's claim for declaratory relief was struck out as it added nothing to the amended claim.

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 / Summary Judgment and Amendment Application
Outcome
Summary judgment granted against the first claimant on the original claim; permission granted to amend to rely on the Second Assignment; second claimant's claim for declaratory relief struck out.
Legal Topics
Champerty, Assignment of Causes of Action, Summary Judgment, Strike Out, Amendment of Pleadings
Professional Negligence Bankruptcy Civil Procedure Champerty Assignment of Causes of Action Summary Judgment Strike Out Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 26 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Commercial Law Practice Limited

Claimant

Stephen John Makin

Claimant

Atkinson Wheller Limited

Defendant

Procedural Posture

Professional Negligence / Summary Judgment and Amendment Application

Legal Issues

  1. 1 Whether the First Assignment of the cause of action from the second claimant to the first claimant was void for champerty
  2. 2 Whether the first claimant has title to sue based on the First Assignment
  3. 3 Whether the first claimant can amend the claim to rely on the Second Assignment executed by the trustees in bankruptcy

Ratio Decidendi

The First Assignment was champertous and void, so the first claimant had no title to sue. However, the court exercised its discretion to allow the first claimant to amend its claim to rely on the Second Assignment from the trustees in bankruptcy, as this best accorded with the overriding objective and did not cause prejudice to the defendant. The second claimant's claim for declaratory relief was struck out as it added nothing to the amended claim.

Court Disposition

Summary judgment granted against the first claimant on the original claim; permission granted to amend to rely on the Second Assignment; second claimant's claim for declaratory relief struck out.

Orders

  • Summary judgment against the first claimant as originally pleaded
  • Permission to the first claimant to amend its claim to plead reliance on the Second Assignment