Fuller v H F T Gough & Co Ltd [2019] EWHC 1394 (Ch) (04 June 2019)

Fuller v H F T Gough & Co Ltd [2019] EWHC 1394 (Ch) (04 June 2019)

The claimant's statement of case fails to plead a recognised cause of action in negligence, omits essential elements, and seeks recovery of costs already determined by a competent court as attributable to his own actions. No independent duty of care is owed to the claimant as a beneficiary for the losses claimed, which are outside the scope of any duty and not caused by the defendant. The claim is struck out as an abuse of process and, alternatively, reverse summary judgment is granted.

Citation
[2019] EWHC 1394 (Ch)
Parties
Claimant/respondent: Jan Stephen Fuller; Defendant/applicant: H F T Gough & Co Limited
Jurisdiction
England and Wales
Judgment Date
04 June 2019
Procedural Posture
Professional Negligence / Application for Strike Out or Reverse Summary Judgment
Outcome
Claim struck out and reverse summary judgment granted for defendant
Legal Topics
Strike Out, Summary Judgment, Duty of Care, Beneficiary Claims, Rectification of Wills
Civil Procedure Professional Negligence Probate Strike Out Summary Judgment Duty of Care Beneficiary Claims Rectification of Wills

Case Brief

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Parties

Jan Stephen Fuller

Claimant/respondent

H F T Gough & Co Limited

Defendant/applicant

Procedural Posture

Professional Negligence / Application for Strike Out or Reverse Summary Judgment

Legal Issues

  1. 1 Whether the claimant's statement of case discloses reasonable grounds for bringing the claim
  2. 2 Whether the claim is an abuse of process due to prior determination of costs
  3. 3 Whether the defendant owed a duty of care to the claimant as a beneficiary

Ratio Decidendi

The claimant's statement of case fails to plead a recognised cause of action in negligence, omits essential elements, and seeks recovery of costs already determined by a competent court as attributable to his own actions. No independent duty of care is owed to the claimant as a beneficiary for the losses claimed, which are outside the scope of any duty and not caused by the defendant. The claim is struck out as an abuse of process and, alternatively, reverse summary judgment is granted.

Court Disposition

Claim struck out and reverse summary judgment granted for defendant

Orders

  • Claim struck out under CPR 3.4
  • Reverse summary judgment granted under CPR 24.2