Helping the enemy — are you ever required to point out a claimant’s mistake?

This dilemma for a defendant’s solicitor usually happens pre-action, when the claimant is working out who to sue and may be asking for an extension of time for service. It is particularly acute where potential defendants are linked in some way, whether as part of a group of companies or where a partnership has become an LLP.

The defendant strayed over the wrong side of the line in the recent case of Parkin v Alba Proteins Ltd. The claimants complained of a continuing nuisance by odour over several years emanating from rendering operations at a site in Cumbria. The focus of the claim was the period from 2005 to 2006…

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