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Testing times

29 April 2016 / Helen Mulcahy
Issue: 7696 / Categories: Features , Professional negligence
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What test of damages should apply in a case involving concurrent causes of action, asks Helen Mulcahy​

Wellesley Partners (WP), a small but successful firm of head hunters in the investment banking sector, brought a successful negligence claim against Withers arising out of changes to WP’s LLP agreement, which was to allow for the admission of new investors who were to become members of the partnership (see Wellesley Partners LLP v. Withers LLP [2015] EWCA Civ 1146, [2015] All ER (D) 146 (Nov)). One of the investors, Addax, was to make a capital contribution of US$5,000,000 in return for a 25% interest. An element of the initial terms was that Addax would be entitled to exercise an option to withdraw half its capital contribution, after 42 months.

However, for reasons unknown, the junior solicitor who drafted the changes to the LLP agreement inserted that the option to withdraw was exercisable within the first 41 months. Twelve months following the investment, Addax exercised the option to withdraw half its capital contribution.

At the beginning of 2008,

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

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Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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