Jenkins v JCP Solicitors Ltd

Practice – Parties. The appellant former Chairman of Swansea City Association Football Club brought a claim against the respondent solicitors for damages in contract and tort, alleging negligent advice in relation to his matrimonial affairs. He appealed against a district judge's order, dismissing his application to substitute a firm (LLP) for the current defendant (the Company); and allowing the Company's application to strike out the claim. The Queen's Bench Division, in allowing the appeal in part, ruled that the district judge had erred in, among other things, finding that the Company had been named as defendant instead of the LLP by mistake; and in finding that he had no jurisdiction to allow the substitution. The court ruled that it had jurisdiction to allow the substitution sought, and it exercised its discretion afresh to permit the substitution of the LLP in respect of the relevant advice given in October/November 2011. Further, the court granted the appellant permission to raise certain new grounds in his amended grounds of appeal. However, it held that the respondent solicitors had an arguable case that any claim arising out of advice given in April 2011 was statute-barred for limitation. Accordingly, the court refused permission to allow substitution or addition of the LLP in relation to the claim arising out of the April 2011 advice.

Category: