Rajinder Kumar & Ors v Murria Solicitors Limited

Facts

The third claimant, Aureation Developments Limited, owned and developed a site of flats at Lichfield Road, Willenhall. The first and second claimants were its shareholders and directors. Connecting electricity required a cable from a nearby substation across Aureation's own land and a parcel owned by Walsall Housing Group (WHG). Western Power Distribution (WPD) needed rights over both parcels. A first deed of grant over Aureation's land was executed on 25 April 2018, but the second deed, over WHG's land, was agreed only in December 2018. By then, on 14 November 2018, the development lender had appointed receivers. The site was sold at a shortfall, the lender enforced the directors' personal guarantees, and the first and second claimants were declared bankrupt on 2 July 2024. In December 2023 the claimants sued Murria Solicitors Limited, the defendant, for professional negligence. They alleged that it had been retained to carry out all conveyancing needed to bring electricity to the site and had negligently failed to tell them that the second deed was needed. They said that, had they known earlier, the connection would have been made in time to refinance. They claimed lost profit or income, liability under the guarantees and associated legal fees. After obtaining non-party disclosure, Murria applied for summary judgment or strike-out shortly before a listed trial of preliminary issues.