David Lancaster & Ors. v Jonathan Peacock QC

David Lancaster & Ors. v Jonathan Peacock QC

The interests of justice, including avoiding substantial delay and prejudice to the defendant, outweigh the limited cost and time savings of awaiting the McClean appeal. The application for a stay is dismissed.

Parties
Claimant: David Lancaster & Ors; Defendant: Jonathan Peacock QC
Jurisdiction
England and Wales
Judgment Date
20 July 2022
Procedural Posture
Civil (professional Negligence) / Interlocutory Application for Stay of Proceedings
Outcome
Application for stay dismissed
Legal Topics
Stay of Proceedings, Duty of Care, Case Management, Sample Claims, Tax Mitigation Schemes
Civil Procedure Professional Negligence Stay of Proceedings Duty of Care Case Management Sample Claims Tax Mitigation Schemes

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Parties

David Lancaster & Ors

Claimant

Jonathan Peacock QC

Defendant

Procedural Posture

Civil (professional Negligence) / Interlocutory Application for Stay of Proceedings

Legal Issues

  1. 1 Whether proceedings should be stayed pending the outcome of the McClean v Thornhill appeal
  2. 2 Whether the defendant owed a duty of care to unknown and unidentified investors
  3. 3 Whether the trial should be delayed for potential savings in cost and judicial resources

Ratio Decidendi

The interests of justice, including avoiding substantial delay and prejudice to the defendant, outweigh the limited cost and time savings of awaiting the McClean appeal. The application for a stay is dismissed.

Court Disposition

Application for stay dismissed

Orders

  • Proceedings to continue as scheduled
  • No stay granted pending McClean v Thornhill appeal