Guy Mansfield QC obtains summary judgment dismissing claim against care expert added as Part 20 Defendant by solicitors sued by former client for damages for under settlement in Lawrence Warner v Penningtons and others [2011] EWCA Civ 337.

Guy Mansfield QC instructed by RadcliffesLeBrasseur represented Jacqueline Webb & Co, leading Rehabilitation Cost Consultancy. The original claimant, Mr Warner, in 2009 sued his solicitors, Penningtons, for damages arising out of the alleged under settlement in 1999 of his claim for damages for serious brain injury. Penningtons added Jacqueline Webb & Co as part 20 Defendants alleging that the expert’s report had failed to state sufficiently clearly the need to establish a care regime with case manager as soon as possible and in any event before trial.

The Court of Appeal upheld Griffiths Williams J’s decision to grant Jacqueline Webb & Co summary Judgment under CPR Part 24 against Penningtons (Part 24 Claimant) on the grounds that the latter had no real prospect of succeeding on the claim or issue.

A copy of the judgment can be found on  (Lawtel AC9601412).