DLA Piper Uk LLP v Henshaws Farming LLP & Ors [2025] EWHC 542 (Ch) (17 March 2025)

DLA Piper Uk LLP v Henshaws Farming LLP & Ors [2025] EWHC 542 (Ch) (17 March 2025)

The applications for strike out and summary judgment are dismissed because the issues of deliberate concealment and reasonable diligence under section 32 of the Limitation Act 1980 are inherently fact-sensitive and unsuitable for summary determination. The registration of the 2015 Transfer does not, as a matter of law, preclude a finding of deliberate concealment. The assignment to DLA Piper is not shown to be unenforceable for maintenance or champerty at this stage.

Citation
[2025] EWHC 542 (Ch)
Parties
Claimant: DLA Piper UK LLP; 1st Defendant: Henshaws Farming LLP; 2nd Defendant: Benjamin Dean; 3rd Defendant: Stuart Michael Melia; 4th Defendant: Lisa Henshaw; 5th Defendant: Lee Henshaw; 6th Defendant: James Alfred Davidson; 7th Defendant: Myerson Trust Corporation Limited (as administrators of the estate of the late Cyril Ford Middleton Henshaw)
Jurisdiction
England and Wales
Judgment Date
17 March 2025
Procedural Posture
Civil Chancery Division / Application for Strike Out And/or Summary Judgment
Outcome
Applications for strike out and summary judgment dismissed.
Legal Topics
Limitation of Actions, Deliberate Concealment, Assignment of Claims, Maintenance and Champerty, Summary Judgment, Strike Out Applications
Civil Procedure Trusts and Estates Property Law Limitation of Actions Deliberate Concealment Assignment of Claims Maintenance and Champerty Summary Judgment +1 more

Case Brief

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Parties

DLA Piper UK LLP

Claimant

Henshaws Farming LLP

1st Defendant

Benjamin Dean

2nd Defendant

Stuart Michael Melia

3rd Defendant

Lisa Henshaw

4th Defendant

Lee Henshaw

5th Defendant

James Alfred Davidson

6th Defendant

Myerson Trust Corporation Limited (as administrators of the estate of the late Cyril Ford Middleton Henshaw)

7th Defendant

Procedural Posture

Civil Chancery Division / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim is barred by limitation under the Limitation Act 1980
  2. 2 Whether the assignment to DLA Piper is unenforceable for maintenance and/or champerty
  3. 3 Whether the defendants deliberately concealed the 2015 Transfer from the trustees

Ratio Decidendi

The applications for strike out and summary judgment are dismissed because the issues of deliberate concealment and reasonable diligence under section 32 of the Limitation Act 1980 are inherently fact-sensitive and unsuitable for summary determination. The registration of the 2015 Transfer does not, as a matter of law, preclude a finding of deliberate concealment. The assignment to DLA Piper is not shown to be unenforceable for maintenance or champerty at this stage.

Court Disposition

Applications for strike out and summary judgment dismissed.

Orders

  • The claim proceeds to trial on all pleaded issues.
  • Costs reserved.