Trilogy Management Ltd v Harcus Sinclair (a firm)

Trilogy Management Ltd v Harcus Sinclair (a firm)

Trilogy's current pleadings do not adequately plead deliberate concealment or a cause of action capable of defeating the limitation defence; however, Trilogy may apply to amend its Particulars of Claim to plead a new cause of action arising from acting without instructions, and the application is adjourned to allow this.

Parties
Claimant: Trilogy Management Limited; Defendant: Harcus Sinclair
Jurisdiction
England and Wales
Judgment Date
02 February 2016
Procedural Posture
Civil / Interlocutory Application for Strike Out And/or Summary Judgment
Outcome
Application adjourned for 28 days to allow Trilogy to apply for permission to amend Particulars of Claim.
Legal Topics
Limitation of Actions, Duty of Care, Breach of Contract, Breach of Fiduciary Duty, Summary Judgment, Strike Out, Trust Administration
Professional Negligence Contract Law Trusts and Estates Limitation of Actions Duty of Care Breach of Contract Breach of Fiduciary Duty Summary Judgment +2 more

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Parties

Trilogy Management Limited

Claimant

Harcus Sinclair

Defendant

Procedural Posture

Civil / Interlocutory Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim is statute barred under the Limitation Act 1980
  2. 2 Whether the Particulars of Claim disclose a cause of action
  3. 3 Whether Harcus Sinclair owed a duty of care to Trilogy and/or the Foundation and sub-trusts

Ratio Decidendi

Trilogy's current pleadings do not adequately plead deliberate concealment or a cause of action capable of defeating the limitation defence; however, Trilogy may apply to amend its Particulars of Claim to plead a new cause of action arising from acting without instructions, and the application is adjourned to allow this.

Court Disposition

Application adjourned for 28 days to allow Trilogy to apply for permission to amend Particulars of Claim.

Orders

  • Trilogy to place before the Court proposed amended Particulars of Claim within 28 days.
  • Trilogy to make formal application for permission to amend.