Law Society of England and Wales & Ors v Wemyss & Ors

Law Society of England and Wales & Ors v Wemyss & Ors

The Insurers' proposed amendment to introduce a new additional claim for damages against the Law Society does not qualify as an 'original counter claim' within Section 35(3) of the Limitation Act 1980, nor does it meet the threshold under CPR 17.4(2) as the Insurers had not previously made any claim in the action;...

Source-derived case information.

Parties
Claimant: The Law Society of England and Wales; Defendant: Douglas Wemyss and Others
Jurisdiction
England and Wales
Judgment Date
23 October 2008
Procedural Posture
Civil / Ruling on Amendment Application
Outcome
application to amend refused in respect of Insurers' new additional claim; amendments to Defence and existing Additional Claim by solicitors allowed
Legal Topics
Amendment of Pleadings, Counterclaims, Limitation Periods, Duties of Care, Professional Indemnity Insurance
Civil Procedure Professional Negligence Insurance Law Amendment of Pleadings Counterclaims Limitation Periods Duties of Care Professional Indemnity Insurance

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Parties

The Law Society of England and Wales

Claimant

Douglas Wemyss and Others

Defendant

Procedural Posture

Civil / Ruling on Amendment Application

Legal Issues

  1. 1 Whether insurers may amend pleadings to introduce a new additional claim for damages against the Law Society
  2. 2 Whether such amendment constitutes an 'original counter claim' under Section 35(3) of the Limitation Act 1980
  3. 3 Whether permission to amend should be granted under CPR 17.4(2)

Ratio Decidendi

The Insurers' proposed amendment to introduce a new additional claim for damages against the Law Society does not qualify as an 'original counter claim' within Section 35(3) of the Limitation Act 1980, nor does it meet the threshold under CPR 17.4(2) as the Insurers had not previously made any claim in the action; therefore, permission to amend is refused.

Court Disposition

application to amend refused in respect of Insurers' new additional claim; amendments to Defence and existing Additional Claim by solicitors allowed

Orders

  • Insurers' application to amend to introduce the new Additional Claim is dismissed with retrospective effect, except as allowed for the agreed purpose referred to in paragraph 14
  • Amendments relating to the Defence and to the existing Additional Claim by the solicitors are allowed