Walsh v Staines & Ors [2007] EWHC 1814 (Ch) (26 July 2007)

Walsh v Staines & Ors [2007] EWHC 1814 (Ch) (26 July 2007)

The application to strike out or for summary judgment is dismissed because the pleadings disclose arguable cases of deceit and conspiracy, there are triable issues of fact and law, and the application of witness immunity in this context is not settled law, making it inappropriate to strike out the claim at this stage.

Citation
[2007] EWHC 1814 (Ch)
Parties
Claimant: Martin Walsh; First Defendant: Paul Staines; Second Defendant: Sprecher Grier Halberstam LLP; Third Defendant: Edward Judge
Jurisdiction
England and Wales
Judgment Date
26 July 2007
Procedural Posture
Civil / Application to Strike Out And/or Summary Judgment
Outcome
Application dismissed
Legal Topics
Deceit, Conspiracy, Witness Immunity, Freezing Orders, Summary Judgment, Strike Out Applications
Civil Procedure Tort Law Legal Profession Deceit Conspiracy Witness Immunity Freezing Orders Summary Judgment +1 more

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Parties

Martin Walsh

Claimant

Paul Staines

First Defendant

Sprecher Grier Halberstam LLP

Second Defendant

Edward Judge

Third Defendant

Procedural Posture

Civil / Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim discloses a proper case of deceit or conspiracy and/or reliance
  2. 2 Whether the claim has no real prospect of success and should be disposed of summarily
  3. 3 Whether the claim is barred by public policy, specifically witness immunity

Ratio Decidendi

The application to strike out or for summary judgment is dismissed because the pleadings disclose arguable cases of deceit and conspiracy, there are triable issues of fact and law, and the application of witness immunity in this context is not settled law, making it inappropriate to strike out the claim at this stage.

Court Disposition

Application dismissed

Orders

  • Application to strike out the claim against the Second and Third Defendants is dismissed.
  • Application for summary judgment is dismissed.