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 court found that, taking the pleaded facts, the context, and the witness evidence in the light most favourable to Ms Burki, a reasonable person could understand the words and conduct of Seventy Thirty Limited's agent as amounting to the alleged Membership and Profiles Representations. Therefore, Ms Burki's claim has a realistic prospect of success and should proceed to trial.

Citation
[2018] EWHC 1570 (QB)
Parties
Claimant/defendant (counterclaim): Tereza Burki; Defendant/claimant (counterclaim): 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, Matchmaking Services, Consumer Protection
Contract Law Tort Law Civil Procedure Misrepresentation Deceit Summary Judgment Strike Out Matchmaking Services +1 more

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Parties

Tereza Burki

Claimant/defendant (counterclaim)

Seventy Thirty Limited

Defendant/claimant (counterclaim)

Procedural Posture

Civil / Interlocutory Application for Summary Judgment/strike Out

Legal Issues

  1. 1 Whether the claimant's pleaded Membership Representations and Profiles Representations have a realistic prospect of success or should be summarily dismissed or struck out.
  2. 2 Whether the words and conduct of Seventy Thirty Limited's agent could reasonably be understood as making the alleged representations.

Ratio Decidendi

The court found that, taking the pleaded facts, the context, and the witness evidence in the light most favourable to Ms Burki, a reasonable person could understand the words and conduct of Seventy Thirty Limited's agent as amounting to the alleged Membership and Profiles Representations. Therefore, Ms Burki's claim has a realistic prospect of success and should proceed to trial.

Court Disposition

Application dismissed

Orders

  • Seventy Thirty Limited's application for summary judgment and/or strike out in respect of the Membership Representations and Profiles Representations is dismissed.