Crystalens Ltd v White [2006] EWHC 3357 (Comm) (07 July 2006)

Crystalens Ltd v White [2006] EWHC 3357 (Comm) (07 July 2006)

There is no credible evidence that the director acted outside his authority or in bad faith; the claim as pleaded and evidenced has no realistic prospect of success and must be struck out or summary judgment granted.

Citation
[2006] EWHC 3357 (Comm)
Parties
Claimant: Crystalens Limited; Second Defendant: John Charles White
Jurisdiction
England and Wales
Judgment Date
07 July 2006
Procedural Posture
Application to Strike Out And/or Summary Judgment / Ruling on Application
Outcome
Application granted; claim struck out and summary judgment entered for the defendant.
Legal Topics
Inducing Breach of Contract, Director Liability, Summary Judgment, Limitation Period

Case Brief

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Parties

Crystalens Limited

Claimant

John Charles White

Second Defendant

Procedural Posture

Application to Strike Out And/or Summary Judgment / Ruling on Application

  1. 1 Whether the claim against the director for inducing breach of contract should be struck out or summary judgment granted
  2. 2 Whether a director acting bona fide and within authority can be personally liable for inducing breach of contract
  3. 3 Whether the pleadings sufficiently allege bad faith or acting outside authority

Ratio Decidendi

There is no credible evidence that the director acted outside his authority or in bad faith; the claim as pleaded and evidenced has no realistic prospect of success and must be struck out or summary judgment granted.

Court Disposition

Application granted; claim struck out and summary judgment entered for the defendant.

Orders

  • Particulars of Claim struck out in entirety.
  • Summary judgment granted for the second defendant.