Evans & Anor v Pricewaterhousecoopers LLP

Evans & Anor v Pricewaterhousecoopers LLP

The claimants were substantially successful in resisting the strike out application and are entitled to 80% of their costs for that application. The defendant is entitled to the costs of its successful application to amend the Defence and the claimants' application to substitute the Partnership as defendant. Certain amendments to the Particulars of Claim are permitted where they arise from the same or substantially the same facts as the existing claim, but amendments introducing contradictory or unclear pleadings are refused.

Parties
Claimant: Sir Christopher Evans; Claimant: Lady Anne Evans; Defendant: PricewaterhouseCoopers LLP
Jurisdiction
England and Wales
Judgment Date
05 September 2019
Procedural Posture
Civil / Post Interlocutory Applications (costs, Amendments, Permission to Appeal)
Outcome
Applications for costs and amendments determined; permission to appeal refused; directions for further case management given.
Legal Topics
Limitation of Actions, Amendment of Pleadings, Costs, Professional Negligence – Tax Advice
Civil Procedure Professional Negligence Limitation of Actions Amendment of Pleadings Costs Professional Negligence – Tax Advice

Case Brief

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Parties

Sir Christopher Evans

Claimant

Lady Anne Evans

Claimant

PricewaterhouseCoopers LLP

Defendant

Procedural Posture

Civil / Post Interlocutory Applications (costs, Amendments, Permission to Appeal)

Legal Issues

  1. 1 Whether the claimants' causes of action are barred by limitation
  2. 2 Whether amendments to the Particulars of Claim should be permitted
  3. 3 Entitlement to costs for various interlocutory applications

Ratio Decidendi

The claimants were substantially successful in resisting the strike out application and are entitled to 80% of their costs for that application. The defendant is entitled to the costs of its successful application to amend the Defence and the claimants' application to substitute the Partnership as defendant. Certain amendments to the Particulars of Claim are permitted where they arise from the same or substantially the same facts as the existing claim, but amendments introducing contradictory or unclear pleadings are refused.

Court Disposition

Applications for costs and amendments determined; permission to appeal refused; directions for further case management given.

Orders

  • Defendant to pay 80% of the claimants’ costs of the strike out application.
  • Claimants to pay the defendant’s costs of the application to re-amend the Defence and of the application to substitute the Partnership as defendant.