Gladman Commercial Properties v Fisher Hargreaves Proctor & Ors

Gladman Commercial Properties v Fisher Hargreaves Proctor & Ors

The Defendants are joint tortfeasors with the Council and Fire Authority; the settlement agreement operates as a release of GCP’s claims against the Defendants; alternatively, the proceedings are an abuse of process as they constitute unjust harassment and re-litigation of issues that could and should have been raised in the First Action.

Parties
Claimant: Gladman Commercial Properties; First Defendant: Fisher Hargreaves Proctor; Second Defendant: HEB Chartered Surveyors; Third Defendant: David Hargreaves; Fourth Defendant: Jonathan Paul Thomas Bishop
Jurisdiction
England and Wales
Judgment Date
18 January 2013
Procedural Posture
Civil (commercial/tort) / Ruling on Strike Out and Summary Judgment Applications
Outcome
Claim struck out and summary judgment granted for Defendants
Legal Topics
Fraudulent Misrepresentation, Negligent Misrepresentation, Joint Tortfeasors, Abuse of Process, Settlement and Release, Summary Judgment, Strike Out Applications
Tort Law Contract Law Civil Procedure Fraudulent Misrepresentation Negligent Misrepresentation Joint Tortfeasors Abuse of Process Settlement and Release +2 more

Case Brief

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Parties

Gladman Commercial Properties

Claimant

Fisher Hargreaves Proctor

First Defendant

HEB Chartered Surveyors

Second Defendant

David Hargreaves

Third Defendant

Jonathan Paul Thomas Bishop

Fourth Defendant

Procedural Posture

Civil (commercial/tort) / Ruling on Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the settlement agreement with the Council and Fire Authority released the Defendants as joint tortfeasors
  2. 2 Whether the proceedings are an abuse of process under Henderson v Henderson
  3. 3 Whether the claim is adequately pleaded as to causation and loss

Ratio Decidendi

The Defendants are joint tortfeasors with the Council and Fire Authority; the settlement agreement operates as a release of GCP’s claims against the Defendants; alternatively, the proceedings are an abuse of process as they constitute unjust harassment and re-litigation of issues that could and should have been raised in the First Action.

Court Disposition

Claim struck out and summary judgment granted for Defendants

Orders

  • GCP’s claims against the Defendants are struck out as an abuse of process and/or released by the settlement agreement.
  • Summary judgment is entered for the Defendants.