Hughmans (a firm) v Dunhill

Hughmans (a firm) v Dunhill

Permission to appeal was granted on multiple grounds, including the arguability that the case was unsuitable for summary judgment, that Hughmans may have owed a broader duty regarding trust assets, and that causation and scope of duty issues required full trial consideration.

Parties
Claimant/appellant: Hughmans (a firm); Defendant/respondent: Dunhill
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From Summary Judgment
Outcome
Permission to appeal granted on specified grounds; stay of execution continued; application to adduce evidence adjourned.
Legal Topics
Summary Judgment, Scope of Solicitor's Duty, Trusts, Matrimonial Finance, Counterclaim, Causation, Duty of Care
Civil Procedure Professional Negligence Family Law Summary Judgment Scope of Solicitor's Duty Trusts Matrimonial Finance Counterclaim +2 more

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Parties

Hughmans (a firm)

Claimant/appellant

Dunhill

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the case was suitable for summary judgment under CPR Part 24
  2. 2 Whether Hughmans owed a duty to advise on trust assets (AST)
  3. 3 Whether Hughmans breached their duty of care

Ratio Decidendi

Permission to appeal was granted on multiple grounds, including the arguability that the case was unsuitable for summary judgment, that Hughmans may have owed a broader duty regarding trust assets, and that causation and scope of duty issues required full trial consideration.

Court Disposition

Permission to appeal granted on specified grounds; stay of execution continued; application to adduce evidence adjourned.

Orders

  • Permission to appeal granted on grounds 1, 3-6, 13, 15, 16, 6 (p.3), 8 (p.3), 24-29, 33, 35, 38, 39, 41, 45-47, 49, 50, 52.
  • Permission refused on ground 37.