Ridgewood Properties Group Ltd & Anor v Kilpatrick Stockton Llp & Ors [2014] EWHC 2502 (Ch) (25 July 2014)

Ridgewood Properties Group Ltd & Anor v Kilpatrick Stockton Llp & Ors [2014] EWHC 2502 (Ch) (25 July 2014)

Paragraph 62(1) of the Particulars of Claim constitutes a collateral attack on Proudman J's findings in the Texaco proceedings, as the claim for lost profits necessarily contends those findings were wrong; such relitigation is an abuse of process and must be struck out.

Source-derived case information.

Citation
[2014] EWHC 2502 (Ch)
Parties
Claimant: Ridgewood Properties Group Limited; 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
Professional Negligence Claim / Application to Strike Out And/or Summary Judgment
Outcome
Paragraph 62(1) struck out as abuse of process; summary judgment granted on that head of loss.
Legal Topics
Collateral Attack, Assessment of Damages, Abuse of Process, Strike Out Applications, Summary Judgment, Loss of Chance, Measure of Damages
Professional Negligence Contract Law Civil Procedure Collateral Attack Assessment of Damages Abuse of Process Strike Out Applications Summary Judgment +2 more

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Parties

Ridgewood Properties Group Limited

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

Professional Negligence Claim / Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Does paragraph 62(1) of the Particulars of Claim amount to a collateral attack on findings in previous proceedings?
  2. 2 Should the claim for loss of opportunity to terminate the Airspace Agreements and claim damages be struck out as an abuse of process?
  3. 3 Is there a real prospect of success for the claim for lost profits against the Defendants?

Ratio Decidendi

Paragraph 62(1) of the Particulars of Claim constitutes a collateral attack on Proudman J's findings in the Texaco proceedings, as the claim for lost profits necessarily contends those findings were wrong; such relitigation is an abuse of process and must be struck out.

Court Disposition

Paragraph 62(1) struck out as abuse of process; summary judgment granted on that head of loss.

Orders

  • Paragraph 62(1) of the Particulars of Claim is struck out.
  • Summary judgment granted dismissing the claim for loss of opportunity to terminate and claim damages for lost profits.