Lockheed Martin Group v Willis Group Ltd

Lockheed Martin Group v Willis Group Ltd

The claimant's mistake was not merely as to the name but also as to the identity of the defendant, and the true intended defendant was not apparent to the Willis Group. The requirements for substitution under CPR 19.5(3)(a)(i) were not satisfied, and the court's discretion was exercised against allowing substitution due to unexplained delay and inability to plead the claim at the time of issue.

Parties
Claimant: Lockheed Martin Group; Defendant: Willis Group Limited
Jurisdiction
England and Wales
Judgment Date
09 June 2009
Procedural Posture
Commercial Court Application / Ruling on Substitution of Parties and Extension of Time
Outcome
Defendant's application allowed; Master Fontaine's substitution order set aside.
Legal Topics
Substitution of Parties, Limitation Period, Professional Negligence, Brokers' Duties
Civil Procedure Professional Negligence Substitution of Parties Limitation Period Brokers' Duties

Case Brief

Summary, issues, holding and outcome

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Parties

Lockheed Martin Group

Claimant

Willis Group Limited

Defendant

Procedural Posture

Commercial Court Application / Ruling on Substitution of Parties and Extension of Time

Legal Issues

  1. 1 Whether the substitution of Willis Group Limited and Willis Limited for Willis Group Holdings Limited was permissible under CPR 19.5(3)(a)(i)
  2. 2 Whether the claimant made a genuine mistake as to the name of the defendant
  3. 3 Whether the mistake was misleading or caused reasonable doubt as to the identity of the intended defendant

Ratio Decidendi

The claimant's mistake was not merely as to the name but also as to the identity of the defendant, and the true intended defendant was not apparent to the Willis Group. The requirements for substitution under CPR 19.5(3)(a)(i) were not satisfied, and the court's discretion was exercised against allowing substitution due to unexplained delay and inability to plead the claim at the time of issue.

Court Disposition

Defendant's application allowed; Master Fontaine's substitution order set aside.

Orders

  • Master Fontaine's order substituting Willis Group Limited and Willis Limited for Willis Group Holdings Limited is set aside.
  • Claimant's application for extension of time not considered.