Burki v Seventy Thirty Ltd & Ors [2018] EWHC 1570 (QB) (21 June 2018)

Burki v Seventy Thirty Ltd & Ors [2018] EWHC 1570 (QB) (21 June 2018)

The evidence provided by the claimant, including her witness statement and the context of the representations, is sufficient to support the pleaded Membership and Profiles Representations. Therefore, the claimant has a realistic prospect of success on these issues, and summary judgment or strike out is not appropriate.

Citation
[2018] EWHC 1570
Parties
Claimant/defendant: Tereza Burki; Defendant/claimant: Seventy Thirty Limited
Jurisdiction
England and Wales
Judgment Date
21 June 2018
Procedural Posture
Civil / Interlocutory Application for Summary Judgment/strike Out
Outcome
Application dismissed
Legal Topics
Misrepresentation, Deceit, Summary Judgment, Strike Out, Consumer Contracts, Matchmaking Services
Contract Law Tort Law Civil Procedure Misrepresentation Deceit Summary Judgment Strike Out Consumer Contracts +1 more

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Parties

Tereza Burki

Claimant/defendant

Seventy Thirty Limited

Defendant/claimant

Procedural Posture

Civil / Interlocutory Application for Summary Judgment/strike Out

Legal Issues

  1. 1 Whether the claimant has a realistic prospect of success on claims of misrepresentation and deceit based on Membership and Profiles Representations
  2. 2 Whether the pleaded representations are sufficiently supported by evidence to proceed to trial
  3. 3 Whether summary judgment or strike out is appropriate for these parts of the claim

Ratio Decidendi

The evidence provided by the claimant, including her witness statement and the context of the representations, is sufficient to support the pleaded Membership and Profiles Representations. Therefore, the claimant has a realistic prospect of success on these issues, and summary judgment or strike out is not appropriate.

Court Disposition

Application dismissed

Orders

  • 70/30's application for summary judgment and strike out in respect of the Membership Representations and Profiles Representations is dismissed.