Ridgewood Properties Group Ltd & Anor v Kilpatrick Stockton Llp & Ors

Ridgewood Properties Group Ltd & Anor v Kilpatrick Stockton Llp & Ors

Paragraph 62(1) of the Particulars of Claim constitutes a collateral attack on findings made by Proudman J in the Texaco proceedings. The Claimants had a proper opportunity to put their case in the earlier proceedings and could have appealed but did not. Permitting relitigation would bring the administration of justice into disrepute. The new evidence does not satisfy the threshold for reopening the findings. Accordingly, paragraph 62(1) is an abuse of process and should be struck out. Alternatively, the claim has no real prospect of success except in relation to Caledonian Road and Dome.

Parties
Claimant: Ridgewood Properties Group; Claimant: Ridgewood (Clerkenwell) Limited; Claimant: Golden Limited; Claimant: Hamlet Limited; Claimant: Redway Limited; Defendant: Kilpatrick Stockton LLP; Defendant: Finers Stephens Innocent LLP; Defendant: Steven Woolf
Jurisdiction
England and Wales
Judgment Date
25 July 2014
Procedural Posture
Civil / Ruling on Application to Strike Out And/or Summary Judgment
Outcome
Paragraph 62(1) of the Particulars of Claim struck out as an abuse of process; alternatively, summary judgment granted for the Defendants except as to Caledonian Road and Dome.
Legal Topics
Abuse of Process, Collateral Attack, Professional Negligence, Assessment of Damages, Summary Judgment
Civil Procedure Professional Negligence Abuse of Process Collateral Attack Assessment of Damages Summary Judgment

Case Brief

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Parties

Ridgewood Properties Group

Claimant

Ridgewood (Clerkenwell) Limited

Claimant

Golden Limited

Claimant

Hamlet Limited

Claimant

Redway Limited

Claimant

Kilpatrick Stockton LLP

Defendant

Finers Stephens Innocent LLP

Defendant

Steven Woolf

Defendant

Procedural Posture

Civil / Ruling on Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether paragraph 62(1) of the Re-Amended Particulars of Claim should be struck out as an abuse of process for amounting to a collateral attack on previous findings
  2. 2 Whether summary judgment should be granted on the same plea for lack of real prospect of success

Ratio Decidendi

Paragraph 62(1) of the Particulars of Claim constitutes a collateral attack on findings made by Proudman J in the Texaco proceedings. The Claimants had a proper opportunity to put their case in the earlier proceedings and could have appealed but did not. Permitting relitigation would bring the administration of justice into disrepute. The new evidence does not satisfy the threshold for reopening the findings. Accordingly, paragraph 62(1) is an abuse of process and should be struck out. Alternatively, the claim has no real prospect of success except in relation to Caledonian Road and Dome.

Court Disposition

Paragraph 62(1) of the Particulars of Claim struck out as an abuse of process; alternatively, summary judgment granted for the Defendants except as to Caledonian Road and Dome.

Orders

  • Paragraph 62(1) struck out as abuse of process
  • Summary judgment for Defendants on all Sites except Caledonian Road and Dome