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Practice: Helping the enemy – are you ever required to point out a claimant’s mistake?
Miranda Whiteley looks at recent developments on mistaken parties ‘Although there is no general duty owed by one party to litigation to correct the mistakes of the other, there are circumstances in which deliberately allowing the other party to continue in a mistaken belief about the correct defendant to sue or the effectiveness of an …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Bethell Construction Ltd & Bethell Group plc v Deloitte & Touche [2011] EWCA Civ 1321
- Kesslar v Moore & Tibbits [2004] EWCA Civ 1551
- Pacol Ltd v Trade Lines Ltd (The Henrik Sif) [1982] 1 Lloyd's Rep 456
- Parkin & ors v Alba Proteins Ltd & ors [2013] EWHC 2036 (QB)
- Quayle v Rothman Pantall & Co (a firm) [2012] EWHC 1474 (Ch)
- The Insight Group Ltd & anor v Kingston Smith (a firm) [2012] EWHC 3644 (QB)
- The Stolt Loyalty [1993] 2 Lloyds Rep 281