Burleigh House (PTC) Ltd v Irwin Mitchell LLP [2021] EWHC 834 (QB) (12 April 2021)

Burleigh House (PTC) Ltd v Irwin Mitchell LLP [2021] EWHC 834 (QB) (12 April 2021)

The assignment of both contractual and tortious causes of action by Mr Baxendale-Walker to the Claimant was ineffective due to the non-assignment clause in the retainer, which, interpreted in line with commercial expectations and relevant case law, precluded assignment of all rights arising under the agreement. The Claimant therefore lacked standing, and the Defendant was entitled to summary judgment on the whole claim.

Citation
[2021] EWHC 834
Parties
Claimant: Burleigh House (PTC) Limited; Defendant: Irwin Mitchell LLP
Jurisdiction
England and Wales
Judgment Date
12 April 2021
Procedural Posture
Professional Negligence Claim (contract and Tort) / Summary Judgment Application
Outcome
Summary judgment granted for the Defendant on the whole claim.
Legal Topics
Assignment of Contractual and Tortious Rights, Solicitor's Duty of Care, Summary Judgment Principles, Interpretation of Non Assignment Clauses
Contract Law Tort Law Professional Negligence Civil Procedure Assignment of Contractual and Tortious Rights Solicitor's Duty of Care Summary Judgment Principles Interpretation of Non Assignment Clauses

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Parties

Burleigh House (PTC) Limited

Claimant

Irwin Mitchell LLP

Defendant

Procedural Posture

Professional Negligence Claim (contract and Tort) / Summary Judgment Application

Legal Issues

  1. 1 Whether the assignment of contractual and tortious causes of action by the Defendant's former client to the Claimant was effective in light of a non-assignment clause
  2. 2 Whether the Defendant owed a duty to advise on refinancing options
  3. 3 Whether the Defendant was aware or should have been aware of refinancing offers

Ratio Decidendi

The assignment of both contractual and tortious causes of action by Mr Baxendale-Walker to the Claimant was ineffective due to the non-assignment clause in the retainer, which, interpreted in line with commercial expectations and relevant case law, precluded assignment of all rights arising under the agreement. The Claimant therefore lacked standing, and the Defendant was entitled to summary judgment on the whole claim.

Court Disposition

Summary judgment granted for the Defendant on the whole claim.

Orders

  • Claim dismissed in its entirety under CPR 24.2.