Parker & Anor v SJ Berwin & Co & Anor

Parker & Anor v SJ Berwin & Co & Anor

Permission to amend is granted only where amendments arise from the same or substantially the same facts, are not inconsistent or speculative, and have a real prospect of success. The CCC Films presumption does not apply to professional negligence claims for wasted expenditure; claimants must prove a real and substantial chance of recoupment. Defamation and breach of confidence claims against solicitors are fact-sensitive and not suitable for summary strike out at this stage.

Parties
Claimant: Roy William Parker; Claimant: Gilbert Kenneth Kinch; Defendant: SJ Berwin & Co; Defendant: Jonathan Alexander Metliss
Jurisdiction
England and Wales
Judgment Date
17 December 2008
Procedural Posture
Civil / Ruling on Applications to Amend Pleadings and to Strike Out Claims
Outcome
Mixed: Some amendments allowed, others refused; some claims struck out, others permitted to proceed.
Legal Topics
Amendment of Pleadings, Limitation of Actions, Assignment of Claims, Restitution, Damages for Wasted Expenditure, Professional Negligence, Breach of Confidence, Defamation, Strike Out Applications
Civil Procedure Professional Negligence Contract Law Defamation Amendment of Pleadings Limitation of Actions Assignment of Claims Restitution +3 more

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Parties

Roy William Parker

Claimant

Gilbert Kenneth Kinch

Claimant

SJ Berwin & Co

Defendant

Jonathan Alexander Metliss

Defendant

Procedural Posture

Civil / Ruling on Applications to Amend Pleadings and to Strike Out Claims

Legal Issues

  1. 1 Whether permission should be granted to amend the Particulars of Claim and Claim Form
  2. 2 Whether certain claims or amendments should be struck out as disclosing no reasonable cause of action or having no real prospect of success
  3. 3 Whether new causes of action arise out of the same or substantially the same facts as existing claims for limitation purposes

Ratio Decidendi

Permission to amend is granted only where amendments arise from the same or substantially the same facts, are not inconsistent or speculative, and have a real prospect of success. The CCC Films presumption does not apply to professional negligence claims for wasted expenditure; claimants must prove a real and substantial chance of recoupment. Defamation and breach of confidence claims against solicitors are fact-sensitive and not suitable for summary strike out at this stage.

Court Disposition

Mixed: Some amendments allowed, others refused; some claims struck out, others permitted to proceed.

Orders

  • Permission granted to substitute SJ Berwin & Co for SJ Berwin LLP, with costs thrown away to Defendants.
  • Permission granted to plead amended assignment for Second Claimant.