Adcamp LLP (formerly known as Pitmans LLP) (Respondent) v Office Properties PL Limited (In Liquidation) and others (Appellants)

Case summary

Case ID

UKSC/2026/0032

Parties

Appellant(s)

(1) Office Properties PL Limited (in liquidation), (2) Peter Kubik, (3) Brian Johnson

Respondent(s)

Adcamp LLP (formerly known as Pitmans LLP)

Issue

Where the claimant mistakenly names the wrong defendant in the claim form, does the Court have the power to allow substitution in the claim form of one defendant for another under rule 19.6(3)(a) or (b)?

Facts

The claimants and appellants are the liquidators of Office Properties PL Limited (“Office Properties”). Office Properties had received advice from Pitmans LLP (“Pitmans”) in connection with paying an allegedly unlawful dividend on 9 January 2017. Office Properties allege that the advice provided by Pitmans was negligent and caused loss. In 2018, Pitmans’ business was taken over by Bircham Dyson Nell LLP which later became BDB Pitmans LLP (“BDB”). In 2019, Pitmans changed its name to Adcamp LLP. For professional indemnity insurance purposes, BDB is the “successor practice” to Pitmans. In February 2020, Office Properties notified Pitmans that they were investigating the lawfulness of the 2017 dividend. Pre-action correspondence between the parties did not clearly differentiate between Pitmans and BDB. Office Properties issues a claim form in August 2022. BDB were named as defendant in the claim form in the mistaken belief that BDB was liable as the successor practice to Pitmans. The claimants sought to amend the claim form to substitute Pitmans (under its new name Adcamp LLP) as defendant once they became aware of the mistake and before service on Pitmans. Pitmans applied to disallow the amendment and to dismiss the claim against it. The judge dismissed Pitmans’ application, allowing the amendment to the claim form. Pitmans appealed to the Court of Appeal. The Court of Appeal allowed the appeal. Office Properties now appeal to the Supreme Court. Office Properties’ application for permission to appeal to the Supreme Court was granted by the Court of Appeal.

Date of issue

24 March 2026

Case origin

Appeal As of Right

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