Andrew Avison & Anor v Harold Bell Infields & Co (A Firm)

Andrew Avison & Anor v Harold Bell Infields & Co (A Firm)

The claim is not an abusive collateral attack, raises factual issues suitable for trial, and the claimants have real prospects of success on all heads of loss challenged; summary determination is inappropriate.

Parties
Claimant: Andrew Avison; Claimant: Ginny Avison; Defendant: Harold Bell Infields & Co
Jurisdiction
England and Wales
Judgment Date
21 July 2025
Procedural Posture
Professional Negligence / Ruling on Strike Out and Summary Judgment Application
Outcome
Application dismissed
Legal Topics
Strike Out, Summary Judgment, Solicitor's Duty, Mitigation of Loss, Scope of Duty, Foreseeability, Abuse of Process
Civil Procedure Professional Negligence Strike Out Summary Judgment Solicitor's Duty Mitigation of Loss Scope of Duty Foreseeability +1 more

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 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Andrew Avison

Claimant

Ginny Avison

Claimant

Harold Bell Infields & Co

Defendant

Procedural Posture

Professional Negligence / Ruling on Strike Out and Summary Judgment Application

Legal Issues

  1. 1 Whether the claim is an abusive collateral attack on previous judgments
  2. 2 Whether the claim discloses reasonable grounds for being brought
  3. 3 Whether summary judgment should be granted on the whole or parts of the claim

Ratio Decidendi

The claim is not an abusive collateral attack, raises factual issues suitable for trial, and the claimants have real prospects of success on all heads of loss challenged; summary determination is inappropriate.

Court Disposition

Application dismissed

Orders

  • Defendant's application for strike-out and summary judgment is dismissed.