Pritchard Joyce & Hinds v Batcup & Anor

Pritchard Joyce & Hinds v Batcup & Anor

Both defendants breached their duty by failing to advise Mr. and Mrs. Fox about the limitation period for a claim against Wellers, resulting in loss of a claim with substantial value. PJH's settlement was bona fide and reasonable. Contribution is apportioned 75:25 between counsel and solicitors.

Parties
Claimant: Pritchard Joyce & Hinds; Defendant: Batcup; Defendant: Susman
Jurisdiction
England and Wales
Judgment Date
17 January 2008
Procedural Posture
Contribution Claim / Judgment
Outcome
Defendants liable to contribute to PJH's settlement with Mr. and Mrs. Fox.
Legal Topics
Limitation of Actions, Solicitors' Duty of Care, Contribution Between Tortfeasors

Case Brief

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Parties

Pritchard Joyce & Hinds

Claimant

Batcup

Defendant

Susman

Defendant

Procedural Posture

Contribution Claim / Judgment

  1. 1 Were the defendants liable for failing to advise on the limitation period for a claim against Wellers?
  2. 2 Did the lost settlement claim against Lindars Leech have substantial value?
  3. 3 Was PJH's settlement with Mr. and Mrs. Fox bona fide and reasonable?

Ratio Decidendi

Both defendants breached their duty by failing to advise Mr. and Mrs. Fox about the limitation period for a claim against Wellers, resulting in loss of a claim with substantial value. PJH's settlement was bona fide and reasonable. Contribution is apportioned 75:25 between counsel and solicitors.

Court Disposition

Defendants liable to contribute to PJH's settlement with Mr. and Mrs. Fox.

Orders

  • Defendants to contribute 75% of £110,000 and £160,000 costs to PJH.