Captain Nigel Collingwood & Anor v Irwin Mitchell LLP

Captain Nigel Collingwood & Anor v Irwin Mitchell LLP

The Claimants are treated as the successful party on the Summary Judgment Application because the claim was not struck out or dismissed as a whole; however, due to the circumstances including late amendment and partial success by the Defendant, no order as to costs is made for either application.

Parties
Claimant: Captain Nigel Collingwood; Claimant: Edge Enviro Services Ltd; Defendant: Irwin Mitchell LLP
Jurisdiction
England and Wales
Judgment Date
18 July 2025
Procedural Posture
Professional Negligence / Judgment on Costs and Form of Order
Outcome
No order as to costs for either application; Summary Judgment Application dismissed; Amendment Application allowed with paragraphs 4 and 5 of Particulars of Claim struck out.
Legal Topics
Costs, Summary Judgment, Amendment of Pleadings, Substitution of Parties
Civil Procedure Professional Negligence Costs Summary Judgment Amendment of Pleadings Substitution of Parties

Case Brief

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Parties

Captain Nigel Collingwood

Claimant

Edge Enviro Services Ltd

Claimant

Irwin Mitchell LLP

Defendant

Procedural Posture

Professional Negligence / Judgment on Costs and Form of Order

Legal Issues

  1. 1 Who is the correct defendant for the professional negligence claim?
  2. 2 Is the claim statute-barred?
  3. 3 Should Rhealisation LLP be substituted as defendant?

Ratio Decidendi

The Claimants are treated as the successful party on the Summary Judgment Application because the claim was not struck out or dismissed as a whole; however, due to the circumstances including late amendment and partial success by the Defendant, no order as to costs is made for either application.

Court Disposition

No order as to costs for either application; Summary Judgment Application dismissed; Amendment Application allowed with paragraphs 4 and 5 of Particulars of Claim struck out.

Orders

  • Summary Judgment Application dismissed.
  • Amendment Application allowed.