Source: All England Reporter
Publisher Citation: [2008] All ER (D) 191 (Jun)
Court: Chancery Division

Jules Sher QC (sitting as a deputy judge of the High Court)

Representation Bernard Livesey QC and David Eaton Turner (instructed by Cripps Harries Hall) for the claimant.
  Sue Carr QC and Sarah Cowey (instructed by Barlow Lyde & Gilbert) for the defendant.
Judgment Dates: 16 June 2008


Solicitor - Negligence - Inadequate advice - Sale of land - Claimant trustee in bankruptcy suing defendant firm for negligence in respect of retainer - Defendant applying to strike out proceedings - Whether action should be struck out.

The Case

The defendant firm's application to strike out the proceedings commenced by the claimant trustee in bankruptcy against it for negligence in respect of its retainer in relation to two properties was dismissed in circumstances where on the available material, the application was not justified.

Practice Areas

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