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The High Court refused an application by a firm of solicitors to strike out professional negligence proceedings brought by a former client, finding that it could not be said the claim was bound to fail on grounds of being statute-barred or disclosing no cause of action. The court rejected technical objections from the plaintiff regarding irregularities in the defendant’s documentation and found no prejudice had resulted, confirming that the form of appearance and the notice of motion were acceptable. The court held that the plaintiff's arguments, including contentions about when the alleged loss occurred and whether fraudulent concealment postponed the limitation period, could not be dismissed summarily and were matters for the trial court. Motions by both parties covering procedural points, permission for a non-qualified representative to address the court, and issues concerning the defendant's subsequent registration as a limited liability partnership were also refused.
strike out application – professional negligence – solicitors – firm of solicitors – statute-barred – cause of action – frivolous or vexatious – memorandum of appearance – notice of motion – Rules of the Superior Courts (RSC) – fraudulent concealment – limitation period – Statute of Limitations 1957 – McKenzie Friend – default of appearance – default of defence – legal services regulation – limited liability partnership (LLP)
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