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Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates (A Firm) [2007] EWHC 2989 (QB)

Richard Lynagh QC and Jason Evans-Tovey successfully defended a detailed and complex £16m professional negligence claim against a town planner accused of failing to satisfy conditions precedent in a 1991 planning permission for an out-of-town retail park and thereby permitting the permission to lapse. Mr Justice Tugendhat held on the facts that the professional had not been retained or instructed to satisfy the conditions precedent and also that the claim was time-barred. The judge also declined to rule on admissibility of evidence from a witness who had entered into a contingency fee agreement. The claimant was ordered to pay costs on an indemnity basis together with interest thereon.



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