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England and Wales Case Law

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Civil procedure

Mark William Lee & Anor v BDB Pitmans LLP

The Court ordered that the declaration on substitution be available for implementation at either preliminary or full trial stage, granted permission to appeal without postponing the deadline, ruled that costs of amendments are costs in the case, ordered detailed assessment of costs, and directed Broadfield to pay £120,000 (70%) on account of Claimants' costs.

  • Summary judgment
  • Substitution of parties
  • Costs assessment
  • Permission to appeal
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Civil procedure [2025] EWHC 2955 (Ch)

Lee & Anor v BDB Pitmans LLP & Anor (Re Consequentials)

Lee & Anor v BDB Pitmans LLP & Anor (Re Consequentials) [2025] EWHC 2955 (Ch) (11 November 2025)

The court settled the form of a substitution declaration, granted permission to appeal, declined to delay the appeal timetable, and made costs orders.

  • Summary judgment
  • Substitution of parties
  • Amendment of pleadings
  • Costs assessment
  • Permission to appeal
  • Civil-procedure
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Professional negligence [2025] EWHC 2881 (Ch)

Lee & Anor v BDB Pitmans LLP & Anor

Lee & Anor v BDB Pitmans LLP & Anor [2025] EWHC 2881 (Ch) (05 November 2025)

The court refused summary judgment in a solicitors’ liability dispute, holding the claimants had a real prospect of proving novation, estoppel, or acknowledgement.

  • Novation
  • Estoppel
  • Substitution of parties
  • Summary judgment
  • Solicitors' duties
  • Merger and succession of liability
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Civil procedure

Century Property (Leeds) Limited v Eville & Jones (Group) Limited & Ors

Century Property was validly assigned the judgment debt and entitled to be substituted as claimant; mandatory injunctions and default provision were just and convenient to enforce the judgment debt against Dr Aldiss' pension fund, given his persistent non-compliance and absence of substantiating evidence for his objections.

  • Mandatory injunctions
  • Substitution of parties
  • Enforcement against pension funds
  • Charging orders
  • Default orders
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Civil procedure

Captain Nigel Collingwood & Anor v Irwin Mitchell LLP

Costs judgment in a professional negligence case: the claimants succeeded in resisting summary judgment and obtaining substitution of Rhealisation LLP, but no order as to costs was made.

  • Costs
  • Summary judgment
  • Amendment of pleadings
  • Substitution of parties
  • Summary-judgment
  • Strike-out
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Civil procedure [2025] EWHC 1646 (KB)

1st Option Consulting Services Ltd v Rutherford

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.

  • Substitution of parties
  • Limitation of actions
  • Discontinuance
  • Professional negligence
  • Civil-procedure
  • Party-substitution
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Civil procedure [2025] EWHC 1949 (KB)

Century Property (Leeds) Ltd v Aldiss & Anor (Consequential matters)

Century Property (Leeds) Ltd v Aldiss & Anor (Consequential matters) [2025] EWHC 1949 (KB) (24 June 2025)

The High Court refused a stay of enforcement, approved pension drawdown steps, and awarded Century Property costs, mostly on the standard basis.

  • Mandatory injunction
  • Enforcement against pension assets
  • Costs assessment
  • Stay of enforcement
  • Substitution of parties
  • Stay-of-enforcement
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Professional negligence

Captain Nigel Collingwood & Anor v Irwin Mitchell LLP

High Court ruling on a professional negligence claim over pension-fraud advice, refusing strike out on limitation grounds and allowing substitution of the defendant.

  • Limitation period in negligence
  • Substitution of parties
  • Mistake in party identity
  • Successor liability
  • Summary judgment
  • Strike out applications
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Civil procedure [2025] EWHC 1348 (KB)

Century Property (Leeds) Ltd v Eville & Jones (Group) Ltd & Ors

Century Property (Leeds) Ltd v Eville & Jones (Group) Ltd & Ors [2025] EWHC 1348 (KB) (4 June 2025)

The High Court substituted Century Property as claimant and granted injunctions to enforce a judgment debt against Dr Aldiss’s pension fund, with a default execution provision.

  • Mandatory injunctions
  • Charging orders
  • Assignment of judgment debt
  • Pension fund enforcement
  • Substitution of parties
  • Judgment-enforcement
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.