Wolsey Securities Ltd v Abbeygate Management Services Ltd

[2007] EWCA Civ 524

Case details

Case citations
[2007] EWCA Civ 524
Court
Court of Appeal (Civil Division)
Judgment date
15 May 2007
Judgment text

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Subjects
Civil procedure Appellate procedure Part 20 claims
Keywords
appeal allowed High Court order Part 20 claim costs
Outcome
appeal allowed
Judicial consideration

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Summary

The appeal was allowed. Paragraphs 2 to 5 of the High Court order were set aside, including the dismissal of the Part 20 claim. The costs directions were varied as specified. The supplied transcript contains no substantive legal reasoning or ratio.

Factual background

Wolsey Securities Ltd appealed from an order made by Mr Justice Jack in the Queen’s Bench Division. The Court of Appeal addressed the operative terms of that order, including the dismissal of the respondent’s Part 20 claim against its solicitors. It set aside paragraphs 2 to 5, varied the costs provision, and allowed the appeal. No substantive issue or reasoning is recorded in the supplied transcript.

Held

Disposition

  1. The appeal was allowed.
  2. Paragraphs 2, 3, 4 and 5 of the order made by Mr Justice Jack were set aside, leaving the respondent free to continue its Part 20 claim against its solicitor.
  3. The costs below were costs in the case on remission to the Master.
  4. The respondent was ordered to pay the appellant £7,500 on account of the costs of the appeal. The appellant’s costs were to be subject to detailed assessment.
  5. No order was made in relation to paragraph 10.

The supplied judgment contains no substantive legal analysis, reasoning, or ratio decidendi beyond these operative directions.

The court’s approach to earlier authorities

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Appellate history

  1. Court of Appeal (Civil Division): allowed the appeal, set aside paragraphs 2 to 5 of the High Court order, and varied the costs directions.
  2. High Court of Justice, Queen’s Bench Division: order made by Mr Justice Jack; citation not stated in the judgment.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
appeal allowed

Key cases cited

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Cases citing this case

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