David Alan Kyte v McLaren Automotive Limited & Anor
The claim was struck out because the particulars of claim failed to adequately particularise the alleged breaches of contract and negligence, did not specify defects or causal links, and relied on assertions rather than facts. The court found that neither the destruction by fire nor information asymmetry justified relaxing pleading standards, and res ipsa loquitur was inapplicable given the time elapsed and lack of sole control by defendants at the relevant time.
- 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
- Civil / Strike Out Application Ruling
- Outcome
- Claim struck out
- Legal Topics
- Breach of Contract, Negligence, Pleading Requirements, Causation, Res Ipsa Loquitur, Consumer Rights, Supply of Goods and Services
Case Brief
Summary, issues, holding and outcome
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Parties
David Alan Kyte
Claimant
McLaren Automotive Limited
First Defendant
Stratstone Sports Cars Limited
Second Defendant
Procedural Posture
Civil / Strike Out Application Ruling
Legal Issues
- 1 Adequacy of Particularisation in Pleadings
- 2 Applicability of Res Ipsa Loquitur
- 3 Requirements for Pleading Causation
Ratio Decidendi
The claim was struck out because the particulars of claim failed to adequately particularise the alleged breaches of contract and negligence, did not specify defects or causal links, and relied on assertions rather than facts. The court found that neither the destruction by fire nor information asymmetry justified relaxing pleading standards, and res ipsa loquitur was inapplicable given the time elapsed and lack of sole control by defendants at the relevant time.
Court Disposition
Claim struck out
Orders
- Claim against McLaren Automotive Limited struck out
- Claim against Stratstone Sports Cars Limited struck out
Full Case Text
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