Trusts & Trustees Advance Access originally published online on June 19, 2008
Trusts & Trustees 2008 14(6):423-428; doi:10.1093/tandt/ttn056
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© The Author (2008). Published by Oxford University Press. All rights reserved.
Rind v Theodore Goddard and others—A failed summary judgment and strike-out application
Rind v Theodore Goddard and others [2008] EWHC 459 (Ch)
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In Rind v Theodore Goddard and others1 Morgan J had to dispose of applications brought by the Defendants for summary judgment under CPR 24.2, alternatively for an order striking out a claim for damages for professional negligence under CPR 3.4 on the grounds that the claim disclosed no reasonable cause of action and/or had no real prospects of success and/or there was no other reason for trial. The proceedings had been brought by Mr Rind against a number of Defendants, the First Defendant being Theodore Goddard (the London firm), the Second to Fifth Defendants being partners in Theodore Goddard (Jersey). The relevant transactions and advice given took place between 1985 and 1995 and concerned property and trust transactions entered into by Mrs Rind and the Claimant, Mrs Rind being the Claimant's mother, who died on 10 September 2000, the proceedings being issued days short of the sixth anniversary of her