Burleigh House (PTC) Ltd v Irwin Mitchell LLP

The assignment clause in the retainer precluded assignment of both contractual and tortious claims, so the claimant had no standing to bring the claim; summary judgment granted to the defendant.

Parties: Claimant: Burleigh House (PTC) Limited; Defendant: Irwin Mitchell LLP
Jurisdiction: England and Wales
Judgment Date: 12 April 2021
Procedural Posture: Civil / Final Judgment on Summary Judgment Application
Outcome: Summary judgment granted for the defendant; claim dismissed.
Legal Topics: Assignment of Contractual and Tortious Claims, Solicitor's Duty of Care, Summary Judgment, Interpretation of Retainer Agreements

Professional Negligence Contract Law Tort Law Assignment of Contractual and Tortious Claims Solicitor's Duty of Care Summary Judgment Interpretation of Retainer Agreements

Case Brief

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Parties

Burleigh House (PTC) Limited

Claimant

Irwin Mitchell LLP

Defendant

Procedural Posture

Civil / Final Judgment on Summary Judgment Application

Legal Issues

1 Whether the assignment of contractual and tortious claims was valid under the retainer agreement
2 Whether the defendant owed a duty to advise on refinancing options
3 Whether the defendant was aware of refinancing terms offered to the client

Ratio Decidendi

The assignment clause in the retainer precluded assignment of both contractual and tortious claims, so the claimant had no standing to bring the claim; summary judgment granted to the defendant.

Court Disposition

Summary judgment granted for the defendant; claim dismissed.

Orders

Defendant entitled to summary judgment on the whole claim under CPR 24.2