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Gordon-we were involved in an application to amend the value of a claim for damages for professional negligence for our claimant client-that came before HH Judge Wooster in the Mercantile court in Birmingham on Tuesday 11 October.
DRS Welding limited v Christie and Co.
We were instructed post issue, to replace the clients original solicitors and at a time after limitation had expired.
The former sols specifically advised the client , in writing back on 8 April 2016, that they should issue for 20k , pay the 1k issue fee but then seek to amend if the valuation evidence panned out. The claim was issued for 20k.
The claim was always for 336k. Permission to amend was refused-held that it was an abuse of process and that the proportionate sanction was to restrict the claim to 20k , as issued.
Needless to say , the litigation guns are now pointing at the former solicitorsâ¦
Best.
Neil
Neil Davies
DIRECTOR – Solicitor
Neil Davies and Partners
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E-mail: neild@ndandp.co.uk
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