Schweppe v Closier & Anor [2017] EWHC 1486 (TCC) (26 June 2017)

Schweppe v Closier & Anor [2017] EWHC 1486 (TCC) (26 June 2017)

The claimant had actual knowledge of all material facts relevant to the alleged fraud more than six years before proceedings commenced, and could with reasonable diligence have discovered any further facts earlier. The claim is therefore statute-barred under the Limitation Act 1980. Additionally, the proceedings constitute an abuse of process as the allegations should have been made in earlier proceedings, are incapable of fair trial, and amount to unjust harassment of the defendants.

Citation
[2017] EWHC 1486 (TCC)
Parties
Claimant: Mr Desmond Schweppe; First Defendant: Mr Ian Closier; Second Defendant: Mr John Horsman
Jurisdiction
England and Wales
Judgment Date
26 June 2017
Procedural Posture
Strike Out Application / Judgment on Application
Outcome
Claim struck out
Legal Topics
Limitation, Fraudulent Misrepresentation, Unlawful Act Conspiracy, Inducement to Breach of Contract, Abuse of Process
Civil Procedure Construction Law Tort Law Limitation Fraudulent Misrepresentation Unlawful Act Conspiracy Inducement to Breach of Contract Abuse of Process

Case Brief

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Parties

Mr Desmond Schweppe

Claimant

Mr Ian Closier

First Defendant

Mr John Horsman

Second Defendant

Procedural Posture

Strike Out Application / Judgment on Application

Legal Issues

  1. 1 Whether the claim is statute-barred under the Limitation Act 1980
  2. 2 Whether the claim constitutes an abuse of process

Ratio Decidendi

The claimant had actual knowledge of all material facts relevant to the alleged fraud more than six years before proceedings commenced, and could with reasonable diligence have discovered any further facts earlier. The claim is therefore statute-barred under the Limitation Act 1980. Additionally, the proceedings constitute an abuse of process as the allegations should have been made in earlier proceedings, are incapable of fair trial, and amount to unjust harassment of the defendants.

Court Disposition

Claim struck out

Orders

  • Claim against both defendants struck out as statute-barred and abuse of process.
  • No further claims may be brought against the defendants on these matters.