Rigby v Decorating Den Systems Ltd [1999] EWCA Civ 986 (15 March 1999)

Rigby v Decorating Den Systems Ltd [1999] EWCA Civ 986 (15 March 1999)

A pleading of fraud is valid if it alleges knowledge of falsity, and particulars of how that knowledge was acquired are not required at the outset. The defendants could have sought further particulars, but absence of such does not justify striking out the claim.

Citation
[1999] EWCA Civ 986
Parties
Plaintiff/respondent: Nicola Rigby; Defendant/appellant: Decorating Den Systems Limited
Jurisdiction
England and Wales
Judgment Date
15 March 1999
Procedural Posture
Civil Appeal / Appeal From Salford County Court Judgment on Strike Out Application
Outcome
Appeal dismissed
Legal Topics
Pleading of Fraud, Misrepresentation, Strike Out Applications, Particulars of Knowledge
Civil Procedure Contract Law Tort Law Pleading of Fraud Misrepresentation Strike Out Applications Particulars of Knowledge

Case Brief

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Parties

Nicola Rigby

Plaintiff/respondent

Decorating Den Systems Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Salford County Court Judgment on Strike Out Application

Legal Issues

  1. 1 Whether particulars of knowledge must be pleaded in an allegation of fraud
  2. 2 Whether the amended particulars of claim should be struck out for lack of particularity
  3. 3 Whether the representation of profit and turnover should be struck out

Ratio Decidendi

A pleading of fraud is valid if it alleges knowledge of falsity, and particulars of how that knowledge was acquired are not required at the outset. The defendants could have sought further particulars, but absence of such does not justify striking out the claim.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs in the court below or of the appeal up to 11th February 1999
  • After 11th February 1999, defendants to pay plaintiff's costs on the standard basis, taxed and paid forthwith