EUI Limited (t/a Admiral) v Vaughn Smith

EUI Limited (t/a Admiral) v Vaughn Smith

The Part 20 claim, as pleaded, contains sufficient factual averments to support the allegations of dishonesty and unlawful means conspiracy against Mr Smith, and is not so weak or defective as to justify strike out or summary judgment. The application to amend the pleadings is allowed as the amendments arise from the same facts, are not very late, and are not barred by limitation. The case must proceed to trial.

Parties
Respondent to Appeal / Third Defendant / Part 20 Claimant: EUI Limited (t/a Admiral); Appellant / Second Part 20 Defendant: Vaughn Smith
Jurisdiction
England and Wales
Judgment Date
11 June 2024
Procedural Posture
Civil Appeal / Appeal Against Refusal to Strike Out Part 20 Claim and for Reverse Summary Judgment; Application to Amend Pleadings
Outcome
Appeal dismissed; application to amend allowed
Legal Topics
Deceit, Unlawful Means Conspiracy, Expert Evidence, Summary Judgment, Strike Out Applications, Amendment of Pleadings
Tort Civil Procedure Deceit Unlawful Means Conspiracy Expert Evidence Summary Judgment Strike Out Applications Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

EUI Limited (t/a Admiral)

Respondent to Appeal / Third Defendant / Part 20 Claimant

Vaughn Smith

Appellant / Second Part 20 Defendant

Procedural Posture

Civil Appeal / Appeal Against Refusal to Strike Out Part 20 Claim and for Reverse Summary Judgment; Application to Amend Pleadings

Legal Issues

  1. 1 Whether the Part 20 claim against Mr Smith for deceit and unlawful means conspiracy is sufficiently pleaded to survive strike out or summary judgment
  2. 2 Whether the pleadings disclose a reasonable cause of action for dishonesty and conspiracy
  3. 3 Whether the application to amend the Part 20 Particulars of Claim should be allowed

Ratio Decidendi

The Part 20 claim, as pleaded, contains sufficient factual averments to support the allegations of dishonesty and unlawful means conspiracy against Mr Smith, and is not so weak or defective as to justify strike out or summary judgment. The application to amend the pleadings is allowed as the amendments arise from the same facts, are not very late, and are not barred by limitation. The case must proceed to trial.

Court Disposition

Appeal dismissed; application to amend allowed

Orders

  • The appeal is dismissed; the application to amend the Part 20 Particulars of Claim is granted; the case is to proceed to trial.