Kyte v MclAren Automotive Ltd & Anor [2026] EWHC 1126 (TCC) (19 May 2026)

Kyte v MclAren Automotive Ltd & Anor [2026] EWHC 1126 (TCC) (19 May 2026)

The Particulars of Claim fail to adequately plead the essential facts constituting a cause of action in contract and negligence against either Defendant, particularly as to causation and breach. The claim does not identify with sufficient particularity the defects, the acts or omissions alleged, or the causal link to the fire. The maxim res ipsa loquitur does not apply in these circumstances to relieve the Claimant of the need to plead specific breaches. However, given the potential for a meritorious claim and the possibility of remedying the deficiencies, the Claimant should be given an opportunity to amend the Particulars of Claim within a specified period.

Citation
[2026] EWHC 1126 (TCC)
Parties
Claimant: David Alan Kyte; First Defendant: McLaren Automotive Limited; Second Defendant: Stratstone Sports Cars Limited
Jurisdiction
England and Wales
Judgment Date
19 May 2026
Procedural Posture
Strike Out Application / Pre Trial, Application to Strike Out Particulars of Claim Under CPR R3.4(2)
Outcome
Claim not struck out at this stage; Claimant granted leave to amend Particulars of Claim.
Legal Topics
Breach of Contract, Negligence, Pleading Requirements, Causation, Res Ipsa Loquitur, Supply of Goods and Services Act 1982, Consumer Rights Act 2015, Product Liability
Contract Law Tort Law Consumer Protection Breach of Contract Negligence Pleading Requirements Causation Res Ipsa Loquitur +3 more

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Parties

David Alan Kyte

Claimant

McLaren Automotive Limited

First Defendant

Stratstone Sports Cars Limited

Second Defendant

Procedural Posture

Strike Out Application / Pre Trial, Application to Strike Out Particulars of Claim Under CPR R3.4(2)

Legal Issues

  1. 1 Whether the Particulars of Claim adequately plead breach of contract and/or negligence against the Defendants
  2. 2 Whether the claim sufficiently pleads causation linking alleged breaches to the fire and loss
  3. 3 Whether the maxim res ipsa loquitur applies to infer negligence in these circumstances

Ratio Decidendi

The Particulars of Claim fail to adequately plead the essential facts constituting a cause of action in contract and negligence against either Defendant, particularly as to causation and breach. The claim does not identify with sufficient particularity the defects, the acts or omissions alleged, or the causal link to the fire. The maxim res ipsa loquitur does not apply in these circumstances to relieve the Claimant of the need to plead specific breaches. However, given the potential for a meritorious claim and the possibility of remedying the deficiencies, the Claimant should be given an opportunity to amend the Particulars of Claim within a specified period.

Court Disposition

Claim not struck out at this stage; Claimant granted leave to amend Particulars of Claim.

Orders

  • Claimant to serve amended Particulars of Claim within 28 days.
  • If no amended Particulars are served, claim to stand struck out without further order.