Killen v Horseworld Ltd & Ors [2011] EWHC 1600 (QB) (24 June 2011)

Killen v Horseworld Ltd & Ors [2011] EWHC 1600 (QB) (24 June 2011)

The claim in quantum meruit against the individual defendants discloses a reasonable cause of action and raises substantial factual disputes as to the nature of the services provided and to whom they were provided. These disputes cannot be resolved on a strike out or summary judgment application and must be determined at trial. The Master did not err in law or in his assessment of the evidence. The appeal is dismissed.

Citation
[2011] EWHC 1600
Parties
Claimant/respondent: Heather Killen; First Defendant: Horseworld Limited; Second Defendant: Horseworld (UK) Limited; Third Defendant/first Appellant: Toby Vintcent; Fourth Defendant/second Appellant: Richard Worrall
Jurisdiction
England and Wales
Judgment Date
24 June 2011
Procedural Posture
Appeal / Appeal Against Refusal to Strike Out Claim or Grant Summary Judgment
Outcome
Appeal dismissed; application for permission to appeal by Mr Worrall refused.
Legal Topics
Quantum Meruit, Personal Liability of Directors, Summary Judgment, Strike Out Applications
Contract Law Restitution Company Law Quantum Meruit Personal Liability of Directors Summary Judgment Strike Out Applications

Case Brief

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Parties

Heather Killen

Claimant/respondent

Horseworld Limited

First Defendant

Horseworld (UK) Limited

Second Defendant

Toby Vintcent

Third Defendant/first Appellant

Richard Worrall

Fourth Defendant/second Appellant

Procedural Posture

Appeal / Appeal Against Refusal to Strike Out Claim or Grant Summary Judgment

Legal Issues

  1. 1 Whether the claim in quantum meruit against individual directors (Vintcent and Worrall) should be struck out or summarily dismissed
  2. 2 Whether the facts pleaded disclose a reasonable cause of action in quantum meruit against the individual defendants
  3. 3 Whether there is a real prospect of success in the claim against the individual defendants

Ratio Decidendi

The claim in quantum meruit against the individual defendants discloses a reasonable cause of action and raises substantial factual disputes as to the nature of the services provided and to whom they were provided. These disputes cannot be resolved on a strike out or summary judgment application and must be determined at trial. The Master did not err in law or in his assessment of the evidence. The appeal is dismissed.

Court Disposition

Appeal dismissed; application for permission to appeal by Mr Worrall refused.

Orders

  • Mr Vintcent's appeal is dismissed.
  • Mr Worrall's application for permission to appeal is refused, even after extension of time.