MICHAEL LLOYD & Anor v MICHELMORES LLP

MICHAEL LLOYD & Anor v MICHELMORES LLP

Permission to amend is granted in part because the proposed amendments, while not always fully particularised, are sufficiently pleaded to have a real prospect of success and can be further particularised if required. Costs of and caused by the amendments, including those thrown away by abandoned claims, are to be paid by the Claimants but not on an indemnity basis, and a payment on account of £25,000 is ordered due to uncertainty over the recoverable amount.

Parties
Claimant: Michael Lloyd; Claimant: Seizar Holdings Limited; Defendant: Michelmores LLP
Jurisdiction
England and Wales
Judgment Date
17 June 2022
Procedural Posture
Civil / Application to Amend Particulars of Claim
Outcome
Application to amend allowed in part
Legal Topics
Amendment of Pleadings, Duty of Care, Costs, Reflective Loss, Legal Advice, Liquidation, Appeal Advice
Professional Negligence Contract Law Tort Law Civil Procedure Amendment of Pleadings Duty of Care Costs Reflective Loss +3 more

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Parties

Michael Lloyd

Claimant

Seizar Holdings Limited

Claimant

Michelmores LLP

Defendant

Procedural Posture

Civil / Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether permission should be granted to amend the Particulars of Claim to introduce new allegations and delete certain claims
  2. 2 Whether the proposed amendments have a real prospect of success or are adequately particularised
  3. 3 Whether the Claimants should pay costs thrown away by abandoned claims and on what basis

Ratio Decidendi

Permission to amend is granted in part because the proposed amendments, while not always fully particularised, are sufficiently pleaded to have a real prospect of success and can be further particularised if required. Costs of and caused by the amendments, including those thrown away by abandoned claims, are to be paid by the Claimants but not on an indemnity basis, and a payment on account of £25,000 is ordered due to uncertainty over the recoverable amount.

Court Disposition

Application to amend allowed in part

Orders

  • Permission to amend Particulars of Claim granted in part, subject to certain qualifications and provision of further particulars where required
  • Claimants to pay costs of and caused by the amendments, including costs thrown away by abandoned claims, on the standard basis