Capita Pension Trustees Ltd and another v Sedgwick Financial Services Ltd and other companies

Practice – Striking out. In proceedings arising from a negligence claim relating to the Sea Containers 1990 Pension Scheme (the 1990 scheme), the defendants' claim against the third party law firm had disclosed reasonable grounds and was not bound to fail. Further, the claim had a realistic, as opposed to a fanciful, prospect of success. Accordingly, the Chancery Division dismissed the third party's application to strike out various paragraphs of the defendants' additional claim which asserted that the law firm had an alleged retainer with the claimants, with responsibility to advise on the 1990 scheme.

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