Free Leisure Ltd (t/a "Cirque le Soir") v Peidl and Company Ltd (now dissolved) & Anor

Free Leisure Ltd (t/a "Cirque le Soir") v Peidl and Company Ltd (now dissolved) & Anor

The claim form contained no facts and did not comply with CPR 16.2(1). The Letter of Claim and Particulars of Claim, served after limitation expired, cannot cure this defect. Amendments are not permissible as they would introduce new causes of action after limitation. The claim must be struck out.

Parties
Claimant: Free Leisure Ltd (T/A 'Cirque Le Soir'); First Defendant: Peidl and Company Ltd (now dissolved); Second Defendant: QBE UK Limited
Jurisdiction
England and Wales
Judgment Date
03 April 2023
Procedural Posture
Civil Commercial / Application to Strike Out Claim And/or for Summary Judgment
Outcome
Claim struck out
Legal Topics
Limitation of Actions, Pleadings, Third Party Rights Against Insurers, Summary Judgment, Strike Out Applications
Civil Procedure Insurance Law Contract Law Tort Law Limitation of Actions Pleadings Third Party Rights Against Insurers Summary Judgment +1 more

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Parties

Free Leisure Ltd (T/A 'Cirque Le Soir')

Claimant

Peidl and Company Ltd (now dissolved)

First Defendant

QBE UK Limited

Second Defendant

Procedural Posture

Civil Commercial / Application to Strike Out Claim And/or for Summary Judgment

Legal Issues

  1. 1 Whether the claim form disclosed reasonable grounds for bringing the claim
  2. 2 Whether the claim form complied with CPR 16.2(1)
  3. 3 Whether issuing a bare claim form to stop limitation is an abuse of process

Ratio Decidendi

The claim form contained no facts and did not comply with CPR 16.2(1). The Letter of Claim and Particulars of Claim, served after limitation expired, cannot cure this defect. Amendments are not permissible as they would introduce new causes of action after limitation. The claim must be struck out.

Court Disposition

Claim struck out

Orders

  • The claim is struck out in its entirety.