Counter-claim after judgment

Laib v Aravindan and another QBD TLR 13 November

The claimant had bought a house in London with a mortgage from Unibank SA. When he was unable to meet his liabilities, Unibank obtained an order for possession on 10 May 1996 and the house was sold on 26 November 1996. At the hearing, the claimant stated his intention to counter-claim against the bank because of the advice it had given him, but delays in the grant of legal aid, the sudden death of the lawyer in charge of his case and the solicitors’ negligence resulted in his application for a counter-claim not being made until 1998. On 4 June 1998, any remaining action was dismissed. Accordingly, the claimant commenced the present proceedings against his solicitors. His claim was dismissed on the grounds that after 26 November there was no right to issue a counterclaim and therefore there could be no material mistakes by the solicitors relating to such a counter-claim.