Veitch v Avery [2001] EWCA Civ 1971 (5 November 2001)

Veitch v Avery [2001] EWCA Civ 1971 (5 November 2001)

The application for permission to appeal is adjourned to be heard on notice to the respondent due to concerns about procedural fairness and whether summary judgment was appropriate given possible amendments and unresolved negligence issues.

Citation
[2001] EWCA Civ 1971
Parties
Applicant: Veitch; Respondent: Avery
Jurisdiction
England and Wales
Judgment Date
05 November 2001
Procedural Posture
Application for Permission to Appeal / Permission to Appeal Application Before Court of Appeal (civil Division)
Outcome
Application for permission to appeal adjourned to be heard on notice to respondent; transcript to be provided to both parties at public expense; rehearing reserved to Lord Justice Ward; application allowed for adjournment.
Legal Topics
Summary Judgment, Solicitor Negligence, Procedural Fairness, Appeal Process
Civil Procedure Professional Negligence Summary Judgment Solicitor Negligence Procedural Fairness Appeal Process

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Parties

Veitch

Applicant

Avery

Respondent

Procedural Posture

Application for Permission to Appeal / Permission to Appeal Application Before Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether summary judgment was appropriate in a solicitor negligence claim after remittal to County Court
  2. 2 Whether procedural irregularity occurred due to late service of skeleton argument
  3. 3 Whether amendments to particulars of claim were properly considered

Ratio Decidendi

The application for permission to appeal is adjourned to be heard on notice to the respondent due to concerns about procedural fairness and whether summary judgment was appropriate given possible amendments and unresolved negligence issues.

Court Disposition

Application for permission to appeal adjourned to be heard on notice to respondent; transcript to be provided to both parties at public expense; rehearing reserved to Lord Justice Ward; application allowed for adjournment.

Orders

  • Matter adjourned to be heard on notice to respondent
  • Transcript to be provided to both parties at public expense