Barings Investment Services Ltd v Wheeler [2025] EWHC 2369 (KB) (22 September 2025)

Barings Investment Services Ltd v Wheeler [2025] EWHC 2369 (KB) (22 September 2025)

The application to strike out or summarily dismiss the claim fails because BISL's claim for damages and equitable remedies is not inconsistent with its affirmation of the contract, does not constitute an abuse of process or waiver by election, and the remedies sought are not bound to fail as a matter of law; the issues raised are suitable for trial, not summary disposal.

Citation
[2025] EWHC 2369 (KB)
Parties
Claimant/respondent: Barings Investment Services Limited; Defendant/applicant: Mr Adam Hugh Wheeler
Jurisdiction
England and Wales
Judgment Date
22 September 2025
Procedural Posture
Application to Strike Out Claim or for Summary Judgment / High Court, King's Bench Division, Post Pleadings, Pre Trial
Outcome
Application dismissed
Legal Topics
Breach of Contract, Fiduciary Duties, Remedies, Strike Out Applications, Summary Judgment, Abuse of Process, Waiver by Election, Estoppel, Constructive Trusts
Employment Law Contract Law Equity Civil Procedure Breach of Contract Fiduciary Duties Remedies Strike Out Applications +5 more

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Parties

Barings Investment Services Limited

Claimant/respondent

Mr Adam Hugh Wheeler

Defendant/applicant

Procedural Posture

Application to Strike Out Claim or for Summary Judgment / High Court, King's Bench Division, Post Pleadings, Pre Trial

Legal Issues

  1. 1 Whether the claim for damages and equitable remedies should be struck out or summarily dismissed on grounds of inconsistency, waiver by election, abuse of process, or estoppel; whether the remedies sought are bound to fail as a matter of law.

Ratio Decidendi

The application to strike out or summarily dismiss the claim fails because BISL's claim for damages and equitable remedies is not inconsistent with its affirmation of the contract, does not constitute an abuse of process or waiver by election, and the remedies sought are not bound to fail as a matter of law; the issues raised are suitable for trial, not summary disposal.

Court Disposition

Application dismissed

Orders

  • The application to strike out or summarily dismiss the claim is refused.
  • The claim proceeds to trial on all pleaded issues.