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
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Crystalens Limited
Claimant
John Charles White
Second Defendant
Procedural Posture
Application to Strike Out And/or Summary Judgment / Ruling on Application
Legal Issues
- 1 Whether the claim against the director for inducing breach of contract should be struck out or summary judgment granted
- 2 Whether a director acting bona fide and within authority can be personally liable for inducing breach of contract
- 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.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment