Hague Plant Ltd v Hague & Ors

Hague Plant Ltd v Hague & Ors

The Second Order was mandatory, obliging the claimant to serve a re-re-amended pleading in the form specified. The claimant breached the order by serving a non-compliant pleading and failing to provide proper particulars in response to the Part 18 Request. The breaches were serious and unjustified. Relief from sanctions was not sought or would not have been granted. The appropriate sanction is to require the claimant to serve a compliant pleading, failing which the claim will be struck out.

Parties
Claimant: Hague Plant Limited; First Defendant: Martin Hartley Hague; Second Defendant: Jean Angela Hague; Third Defendant: MHH Contracting Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2018
Procedural Posture
Civil Company/commercial / Interlocutory Judgment on Applications for Relief From Sanctions and Strike Out
Outcome
Claim largely struck out; claimant permitted to proceed only with surviving claim if compliant pleading served within specified time.
Legal Topics
Amendment of Pleadings, Relief From Sanctions, Strike Out Applications, Fiduciary Duties, Dishonest Assistance, Civil Procedure Rules Compliance
Company Law Civil Procedure Amendment of Pleadings Relief From Sanctions Strike Out Applications Fiduciary Duties Dishonest Assistance Civil Procedure Rules Compliance

Case Brief

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Parties

Hague Plant Limited

Claimant

Martin Hartley Hague

First Defendant

Jean Angela Hague

Second Defendant

MHH Contracting Limited

Third Defendant

Procedural Posture

Civil Company/commercial / Interlocutory Judgment on Applications for Relief From Sanctions and Strike Out

Legal Issues

  1. 1 Whether the claimant was in breach of a mandatory order regarding amendment of pleadings
  2. 2 Whether the claimant's replies to a Part 18 Request were compliant and bona fide
  3. 3 Whether relief from sanctions should be granted for non-compliance

Ratio Decidendi

The Second Order was mandatory, obliging the claimant to serve a re-re-amended pleading in the form specified. The claimant breached the order by serving a non-compliant pleading and failing to provide proper particulars in response to the Part 18 Request. The breaches were serious and unjustified. Relief from sanctions was not sought or would not have been granted. The appropriate sanction is to require the claimant to serve a compliant pleading, failing which the claim will be struck out.

Court Disposition

Claim largely struck out; claimant permitted to proceed only with surviving claim if compliant pleading served within specified time.

Orders

  • Claimant to serve re-re-amended particulars of claim in the form specified in the schedule to the Second Order within 14 days or as agreed.
  • Unless compliant pleading is served by the deadline, the whole claim will be struck out with costs to the defendants.