Dunn v Glass Systems (UK) Ltd [2007] EWHC B2 (QB) (11 July 2007)

Dunn v Glass Systems (UK) Ltd [2007] EWHC B2 (QB) (11 July 2007)

The Particulars of Claim are so prolix, unintelligible, and oppressive as to constitute an abuse of process; they fail to comply with the requirements of CPR r.16.4 and the Practice Direction; they improperly include privileged material; and the claims for continuing cash flow payments and costs as damages are fanciful and disclose no reasonable grounds. The defects are so serious that the Particulars of Claim must be struck out in their entirety.

Citation
[2007] EWHC B2
Parties
Applicant/defendant: Glass Systems (UK) Limited; Respondent/claimant: Stewart Dunn
Jurisdiction
England and Wales
Judgment Date
11 July 2007
Procedural Posture
Application to Strike Out Particulars of Claim / Judgment on Application to Strike Out
Outcome
Application granted; Particulars of Claim struck out in their entirety.
Legal Topics
Strike Out Applications, Abuse of Process, Pleadings, Privilege, Costs, Conditional Fee Agreements
Civil Procedure Contract Law Legal Profession Strike Out Applications Abuse of Process Pleadings Privilege Costs +1 more

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Parties

Glass Systems (UK) Limited

Applicant/defendant

Stewart Dunn

Respondent/claimant

Procedural Posture

Application to Strike Out Particulars of Claim / Judgment on Application to Strike Out

Legal Issues

  1. 1 Whether the Particulars of Claim should be struck out for prolixity, unintelligibility, and oppressiveness as an abuse of process;
  2. 2 Whether the Particulars of Claim disclose reasonable grounds for bringing the claim;
  3. 3 Whether the Particulars of Claim comply with CPR r.16.4 and Practice Direction to CPR Part 16;

Ratio Decidendi

The Particulars of Claim are so prolix, unintelligible, and oppressive as to constitute an abuse of process; they fail to comply with the requirements of CPR r.16.4 and the Practice Direction; they improperly include privileged material; and the claims for continuing cash flow payments and costs as damages are fanciful and disclose no reasonable grounds. The defects are so serious that the Particulars of Claim must be struck out in their entirety.

Court Disposition

Application granted; Particulars of Claim struck out in their entirety.

Orders

  • Particulars of Claim struck out as an abuse of process and for failure to comply with procedural rules.
  • Claims for continuing cash flow payments and costs as damages struck out as fanciful and disclosing no reasonable grounds.