Collingwood & Anor v Irwin Mitchell LLP [2025] EWHC 1570 (Ch) (24 June 2025)

Collingwood & Anor v Irwin Mitchell LLP [2025] EWHC 1570 (Ch) (24 June 2025)

The claim was issued against the wrong defendant due to a mistake in party naming; the court has jurisdiction and discretion to permit substitution of Rhealisation LLP as defendant under CPR r 19.6, and the limitation issue is sufficiently fact-sensitive to warrant determination at trial rather than summary judgment.

Source-derived case information.

Citation
[2025] EWHC 1570 (Ch)
Parties
Claimant: Captain Nigel Collingwood; Claimant: Edge Enviro Services Ltd; Defendant: Irwin Mitchell LLP
Jurisdiction
England and Wales
Judgment Date
24 June 2025
Procedural Posture
Professional Negligence Claim / Ruling on Summary Judgment/strike Out and Substitution Application
Outcome
Claim not struck out; summary judgment refused; substitution of Rhealisation LLP as defendant permitted; paragraphs 4 and 5 of Particulars of Claim struck out.
Legal Topics
Limitation Periods, Party Substitution, Solicitor Liability, Mistake in Party Naming
Professional Negligence Civil Procedure Limitation Periods Party Substitution Solicitor Liability Mistake in Party Naming

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Parties

Captain Nigel Collingwood

Claimant

Edge Enviro Services Ltd

Claimant

Irwin Mitchell LLP

Defendant

Procedural Posture

Professional Negligence Claim / Ruling on Summary Judgment/strike Out and Substitution Application

Legal Issues

  1. 1 Whether the claim was statute-barred when issued
  2. 2 Whether the claim was brought against the correct defendant
  3. 3 Whether substitution of Rhealisation LLP as defendant is permissible under CPR r 19.6

Ratio Decidendi

The claim was issued against the wrong defendant due to a mistake in party naming; the court has jurisdiction and discretion to permit substitution of Rhealisation LLP as defendant under CPR r 19.6, and the limitation issue is sufficiently fact-sensitive to warrant determination at trial rather than summary judgment.

Court Disposition

Claim not struck out; summary judgment refused; substitution of Rhealisation LLP as defendant permitted; paragraphs 4 and 5 of Particulars of Claim struck out.

Orders

  • Permission granted to substitute Rhealisation LLP as defendant in place of Irwin Mitchell LLP.
  • Paragraphs 4 and 5 of Particulars of Claim struck out.