Schweppe v Closier & Anor

Schweppe v Closier & Anor

The claim is statute-barred because the claimant had actual knowledge of all material facts relevant to the alleged fraud more than six years before commencing proceedings, as evidenced by his own 2010 correspondence. Alternatively, he could with reasonable diligence have discovered the facts earlier. The proceedings are also an abuse of process as the same or similar allegations were or could have been raised in prior litigation, and a fair trial is now impossible.

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
Civil Construction/contract / Application to Strike Out Claim (interlocutory)
Outcome
Claim struck out
Legal Topics
Limitation of Actions, Fraudulent Misrepresentation, Unlawful Act Conspiracy, Inducement to Breach of Contract, Abuse of Process
Civil Procedure Limitation Abuse of Process Limitation of Actions Fraudulent Misrepresentation Unlawful Act Conspiracy Inducement to Breach of Contract

Case Brief

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Parties

Mr Desmond Schweppe

Claimant

Mr Ian Closier

First Defendant

Mr John Horsman

Second Defendant

Procedural Posture

Civil Construction/contract / Application to Strike Out Claim (interlocutory)

Legal Issues

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

Ratio Decidendi

The claim is statute-barred because the claimant had actual knowledge of all material facts relevant to the alleged fraud more than six years before commencing proceedings, as evidenced by his own 2010 correspondence. Alternatively, he could with reasonable diligence have discovered the facts earlier. The proceedings are also an abuse of process as the same or similar allegations were or could have been raised in prior litigation, and a fair trial is now impossible.

Court Disposition

Claim struck out

Orders

  • The claim is struck out as statute-barred and as an abuse of process.