McCarthy v Proctor & Anor [2025] EWHC 25 (Ch) (10 January 2025)

McCarthy v Proctor & Anor [2025] EWHC 25 (Ch) (10 January 2025)

Mr Proctor's claims are time-barred under the Limitation Act 1980; no valid acknowledgment or part payment by Mr Jones occurred to extend limitation; mistake is not an element of the cause of action; Dubai law does not apply as the agreement is more closely connected with Mallorca/Spain; thus, the claims have no realistic prospect of success and should be struck out and/or summary judgment granted.

Citation
[2025] EWHC 25 (Ch)
Parties
Claimant: Andrew Edward McCarthy; Defendant/part 20 Claimant: Graham Brian Proctor; Part 20 Defendant: William Allan Jones
Jurisdiction
England and Wales
Judgment Date
10 January 2025
Procedural Posture
Part 20 Claim (debt and Restitution) Within Ongoing Litigation / Application to Strike Out Part 20 Claim And/or for Summary Judgment
Outcome
Part 20 claim struck out; summary judgment granted for Part 20 Defendant (Mr Jones) against Part 20 Claimant (Mr Proctor)
Legal Topics
Limitation of Actions, Summary Judgment, Strike Out Applications, Applicable Law, Acknowledgment and Part Payment, Mistake, Foreign Law
Civil Procedure Contract Law Restitution Private International Law Limitation of Actions Summary Judgment Strike Out Applications Applicable Law +3 more

Case Brief

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Parties

Andrew Edward McCarthy

Claimant

Graham Brian Proctor

Defendant/part 20 Claimant

William Allan Jones

Part 20 Defendant

Procedural Posture

Part 20 Claim (debt and Restitution) Within Ongoing Litigation / Application to Strike Out Part 20 Claim And/or for Summary Judgment

Legal Issues

  1. 1 Whether the Part 20 claims by Mr Proctor against Mr Jones are time-barred under the Limitation Act 1980
  2. 2 Whether any exceptions to limitation (acknowledgment, part payment, mistake, foreign law) apply
  3. 3 Whether the application to strike out can be amended to include CPR 3.4(2)(b) and/or treated as a summary judgment application

Ratio Decidendi

Mr Proctor's claims are time-barred under the Limitation Act 1980; no valid acknowledgment or part payment by Mr Jones occurred to extend limitation; mistake is not an element of the cause of action; Dubai law does not apply as the agreement is more closely connected with Mallorca/Spain; thus, the claims have no realistic prospect of success and should be struck out and/or summary judgment granted.

Court Disposition

Part 20 claim struck out; summary judgment granted for Part 20 Defendant (Mr Jones) against Part 20 Claimant (Mr Proctor)

Orders

  • Mr Proctor's claims against Mr Jones are struck out and/or summary judgment is entered for Mr Jones.
  • Draft order to be filed within 14 days of hand down; consequential matters to be dealt with by written submissions if not agreed.