Source: All England Reporter
Publisher Citation: [2009] All ER (D) 352 (Jul)
Neutral Citation: [2009] EWCA Civ 830
Court: Court of Appeal, Civil Division
Judge:

Lord Clarke of Stone-cum-Ebony MR, Arden and Lloyd LJJ
Representation William Flenley (instructed by Browns Solicitors Limited) for the claimant.
  Graeme McPherson QC (instructed by Mills & Reeve LLP) for the defendant.
Judgment Dates: 31 July 2009

Catchwords

Company - Shareholder - Personal action - Claimant investing personal funds in project - Claimant also investing company's funds in project - Investments lost - Claimant's company wound-up - Claimant issuing proceedings against former solicitors for alleged negligent advice to invest - Claim form served out of time and proceedings terminated - Claimant bringing proceedings against new solicitors for late issue of claim form - Loss alleged comprising sums claimant claimed he would have recovered in original proceedings - Claimant seeking to amend pleading to include losses allegedly sustained by company - Whether claimant entitled to amend claim - Whether company's losses recoverable by claimant.

The Case

Company Shareholder. Court of Appeal, Civil Division: The defendant solicitors' firm's appeal against an order allowing the claimant to amend his particulars of claim to plead losses sustained by the company which he partly owned and controlled was allowed in part, where some of the proposed amendments referred to the claimant's personal losses which were merely reflective of losses suffered by the company and could not, on the application of legal principles, properly be brought by the claimant.

Practice Areas

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