Guney v Kingsley Napley & Anor

Guney v Kingsley Napley & Anor

The claimant's applications to amend were refused as they were too late, inconsistent, and would fundamentally alter the litigation. The defendants' applications for summary judgment and strike out were granted as the relevant heads of claim had no real prospect of success, were misconceived, unparticularised, or too remote from the duty owed by the solicitors.

Parties
Claimant: Gonul Guney; Defendant: Kingsley Napley and another
Jurisdiction
England and Wales
Judgment Date
28 September 2016
Procedural Posture
Civil Professional Negligence / Interlocutory Application for Summary Judgment And/or Strike Out, and Application to Amend Pleadings
Outcome
Claimant's applications to amend refused; Defendants' applications for summary judgment and strike out granted on specified heads of claim; costs to follow the event.
Legal Topics
Summary Judgment, Strike Out, Amendment of Pleadings, Solicitor's Duty of Care, Damages, Inheritance Law
Professional Negligence Civil Procedure Summary Judgment Strike Out Amendment of Pleadings Solicitor's Duty of Care Damages Inheritance Law

Case Brief

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Parties

Gonul Guney

Claimant

Kingsley Napley and another

Defendant

Procedural Posture

Civil Professional Negligence / Interlocutory Application for Summary Judgment And/or Strike Out, and Application to Amend Pleadings

Legal Issues

  1. 1 Whether the claimant should be permitted to amend the particulars of claim to introduce new claims and allegations
  2. 2 Whether the defendants are entitled to summary judgment and/or strike out on specified heads of loss

Ratio Decidendi

The claimant's applications to amend were refused as they were too late, inconsistent, and would fundamentally alter the litigation. The defendants' applications for summary judgment and strike out were granted as the relevant heads of claim had no real prospect of success, were misconceived, unparticularised, or too remote from the duty owed by the solicitors.

Court Disposition

Claimant's applications to amend refused; Defendants' applications for summary judgment and strike out granted on specified heads of claim; costs to follow the event.

Orders

  • Claimant's applications to amend are refused.
  • Defendants granted summary judgment on the first three heads of loss.