Wade & Anor v Poppleton & Appleby [2003] EWHC 3159 (Ch) (19 December 2003)

Wade & Anor v Poppleton & Appleby [2003] EWHC 3159 (Ch) (19 December 2003)

Poppleton & Appleby owed contractual and tortious duties of care only to the Companies, not to Mr and Mrs Wade personally; their advice and conduct did not amount to negligence or breach of fiduciary duty; claimants failed to establish entitlement to damages.

Citation
[2003] EWHC 3159 (Ch)
Parties
Claimant: Patrick Paul Leslie Wade; Claimant: Jean Wade; Defendant: Poppleton & Appleby
Jurisdiction
England and Wales
Judgment Date
19 December 2003
Procedural Posture
Negligence/breach of Contract / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Duty of Care, Breach of Contract, Fiduciary Duty, Assignment of Claims, Receivership, Transaction at Undervalue
Professional Negligence Contract Law Company Law Insolvency Duty of Care Breach of Contract Fiduciary Duty Assignment of Claims +2 more

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Parties

Patrick Paul Leslie Wade

Claimant

Jean Wade

Claimant

Poppleton & Appleby

Defendant

Procedural Posture

Negligence/breach of Contract / High Court Trial Judgment

Legal Issues

  1. 1 Did Poppleton & Appleby owe a duty of care to Mr and Mrs Wade personally?
  2. 2 Was Poppleton & Appleby negligent in their advice regarding Holding Co's avoidance of receivership?
  3. 3 Did Poppleton & Appleby breach fiduciary duties?

Ratio Decidendi

Poppleton & Appleby owed contractual and tortious duties of care only to the Companies, not to Mr and Mrs Wade personally; their advice and conduct did not amount to negligence or breach of fiduciary duty; claimants failed to establish entitlement to damages.

Court Disposition

Claim dismissed