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England and Wales decisions
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Banner Universal Motion Pictures Ltd v Wiggin LLP & Anor [2026] EWHC 135 (Ch) (28 January 2026)
The High Court refused Banner Universal Motion Pictures Ltd's application under an ECRO, certified it as totally without merit, and declined to seal a draft order seeking massive damages and other relief.
The Legal Ombudsman acted within its statutory discretion, provided sufficient reasoning, and did not breach procedural fairness or exceed statutory limits; the claimant’s grounds did not meet the threshold for an arguable claim.
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The Upper Tribunal dismissed an appeal against operator’s licence revocation and three-year disqualification, holding representation flaws did not make the hearing unfair.
The Defendant breached Clause 1 of the Contract and s.1(1) DPA 1977 by providing inadequate foundations, rendering the property unfit for human habitation. The appropriate measure of damages is the cost of underpinning the house and garage with a piled raft, plus reasonable costs for repairs, alternative accommodation, and aggravated damages. Demolition and rebuilding of the superstructure is not justified as there is no evidence of latent structural damage that cannot be remedied by local repairs.
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The High Court granted Baker Botts partial summary judgment for part of its unpaid fees claim and ordered £1.5 million security for costs against EHC.
Baker Botts (UK) LLP v Carbon Holdings Ltd & Anor [2025] EWHC 2225 (Comm) (29 August 2025)
The High Court granted security for costs against EHC and allowed summary judgment only for undisputed invoice sums, leaving the wider fee and liability disputes for trial.
Permission to amend was refused because the Defendant has a reasonably arguable defence on limitation for both the fraudulent breach of trust and other proposed claims, and the other proposed claims do not arise out of substantially the same facts as the original claim. The court declined to allow amendments on a Mastercard basis, requiring the Claimant to issue a new claim if it wishes to pursue the new causes of action.
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1st Option Consulting Services Ltd v Rutherford [2025] EWHC 1646 (KB) (30 June 2025)
The High Court allowed an appeal against substitution of a defendant after discontinuance, holding that CPR 19.6 could not substitute a non-party once the claim had ended.
Aitsan Ltd & Ors v Duffy & Anor [2025] EWHC 1562 (Ch) (23 June 2025)
Quantum judgment in a deceit claim over false completion certificates for off-plan student accommodation units. The court held some recoveries must be credited, but not all.
The claimant's solicitors negligently continued claims against the Second and Third Defendants from the filing of ineffective Replies in late 2021 until discontinuance in May 2024, without justification or explanation, amounting to an abuse of process. No reasonable practitioner would have acted as they did. Legal privilege does not excuse this conduct. A wasted costs order is warranted against the solicitors for the relevant period.
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