Choudhrie v Choudhrie [2019] EWHC 2066 (Ch) (11 July 2019)

Choudhrie v Choudhrie [2019] EWHC 2066 (Ch) (11 July 2019)

The claim for declaratory relief is struck out as disclosing no reasonable grounds and/or as an abuse of process. The particulars of claim fail to identify with sufficient precision the confidential information, and the relief sought is pointless and unnecessary given the defendant's unequivocal acknowledgment of her duty of confidence. The information concerning the October 2017 event does not have the necessary quality of confidence nor was it imparted in circumstances importing a duty of confidence. The claim is a contrived dispute and not a proper use of the court's process.

Citation
[2019] EWHC 2066 (Ch)
Parties
Claimant/respondent: Bhanu Choudhrie; Defendant/applicant: Simrin Choudhrie
Jurisdiction
England and Wales
Judgment Date
11 July 2019
Procedural Posture
Civil Confidential Information / Declaratory Relief / Application to Strike Out Claim and for Permission to Amend Particulars of Claim
Outcome
Claim struck out; permission to amend refused.
Legal Topics
Breach of Confidence, Declaratory Relief, Abuse of Process, Particularisation of Pleadings
Equity Civil Procedure Breach of Confidence Declaratory Relief Abuse of Process Particularisation of Pleadings

Case Brief

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Parties

Bhanu Choudhrie

Claimant/respondent

Simrin Choudhrie

Defendant/applicant

Procedural Posture

Civil Confidential Information / Declaratory Relief / Application to Strike Out Claim and for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the claim for declaratory relief discloses reasonable grounds for bringing the claim under CPR 3.4(2)(a)
  2. 2 Whether the claim is an abuse of process under CPR 3.4(2)(b)
  3. 3 Whether the particulars of claim sufficiently identify the confidential information

Ratio Decidendi

The claim for declaratory relief is struck out as disclosing no reasonable grounds and/or as an abuse of process. The particulars of claim fail to identify with sufficient precision the confidential information, and the relief sought is pointless and unnecessary given the defendant's unequivocal acknowledgment of her duty of confidence. The information concerning the October 2017 event does not have the necessary quality of confidence nor was it imparted in circumstances importing a duty of confidence. The claim is a contrived dispute and not a proper use of the court's process.

Court Disposition

Claim struck out; permission to amend refused.

Orders

  • The claim is struck out under CPR 3.4(2)(a) and (b).
  • Permission to amend the particulars of claim is refused.