A Surrey law firm has failed to strike out a negligence claim brought by a married couple who claim they were forced to sell their home to fund litigation over a loan that was not repaid.

Master McQuail said she did not accept the argument of Harold Bell Infields & Co that a trial would be abusive.

“It would not be unfair for that trial of issues of what would have happened had the negligence not occurred to take place between Mr and Mrs Avison and the defendant. Nor would it bring the administration of justice into disrepute.

“On the assumption made for present purposes that the defendant was negligent there are reasonable grounds for bringing the claim and there is a real prospect of it succeeding.”

The High Court heard that Andrew and Ginny Avison agreed in principle to lend a frien

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