Trilogy Management Ltd v Harcus Sinclair (a firm) [2016] EWHC 170 (Ch) (02 February 2016)

Trilogy Management Ltd v Harcus Sinclair (a firm) [2016] EWHC 170 (Ch) (02 February 2016)

The claim as currently pleaded discloses no real prospect of defeating the limitation defence because the relevant facts were or could have been discovered with reasonable diligence within the limitation period. However, the claimant has an arguable case for a new cause of action based on the defendant acting without instructions, which may not be statute-barred if it could not reasonably have been discovered earlier. The court adjourns the application to allow the claimant to apply to amend the Particulars of Claim.

Citation
[2016] EWHC 170 (Ch)
Parties
Claimant: Trilogy Management Limited; Defendant: Harcus Sinclair
Jurisdiction
England and Wales
Judgment Date
02 February 2016
Procedural Posture
Application to Strike Out or for Summary Judgment / Interlocutory (application to Strike Out or for Summary Judgment Before Trial)
Outcome
Application adjourned to allow claimant to apply to amend Particulars of Claim within 28 days.
Legal Topics
Limitation of Actions, Solicitors' Duties, Breach of Duty, Amendment of Pleadings, Deliberate Concealment, Trust Law
Civil Procedure Professional Negligence Trusts and Estates Limitation of Actions Solicitors' Duties Breach of Duty Amendment of Pleadings Deliberate Concealment +1 more

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Parties

Trilogy Management Limited

Claimant

Harcus Sinclair

Defendant

Procedural Posture

Application to Strike Out or for Summary Judgment / Interlocutory (application to Strike Out or for Summary Judgment Before Trial)

Legal Issues

  1. 1 Whether the claim is statute-barred under the Limitation Act 1980
  2. 2 Whether the Particulars of Claim and Reply disclose a viable answer to the limitation defence
  3. 3 Whether the claimant can amend to plead a new cause of action based on lack of instructions to solicitors

Ratio Decidendi

The claim as currently pleaded discloses no real prospect of defeating the limitation defence because the relevant facts were or could have been discovered with reasonable diligence within the limitation period. However, the claimant has an arguable case for a new cause of action based on the defendant acting without instructions, which may not be statute-barred if it could not reasonably have been discovered earlier. The court adjourns the application to allow the claimant to apply to amend the Particulars of Claim.

Court Disposition

Application adjourned to allow claimant to apply to amend Particulars of Claim within 28 days.

Orders

  • Claimant to serve proposed amended Particulars of Claim and make formal application for permission to amend within 28 days.
  • Defendant entitled to raise any limitation defence to the new cause of action as if fresh proceedings were issued at the date of amendment.