Jones v Longley & Ors

Jones v Longley & Ors

The counterclaim fails to comply with procedural rules and court orders, is incoherent and impossible to plead to, obstructs the just disposal of proceedings, and the Defendants have shown no willingness or ability to remedy defects; therefore, it must be struck out under CPR r 3.4(2)(b).

Parties
Claimant: Peter Malcolm Jones; First Defendant: David Charles Longley; Second Defendant: Richard Longley; Third Defendant: Jane Eagers
Jurisdiction
England and Wales
Judgment Date
03 June 2016
Procedural Posture
Civil / Ruling on Application to Strike Out Counterclaim
Outcome
Counterclaim struck out
Legal Topics
Strike Out Applications, Counterclaims, Compliance With Procedural Rules, Litigants in Person, Professional Negligence
Civil Procedure Probate Estate Administration Strike Out Applications Counterclaims Compliance With Procedural Rules Litigants in Person Professional Negligence

Case Brief

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Parties

Peter Malcolm Jones

Claimant

David Charles Longley

First Defendant

Richard Longley

Second Defendant

Jane Eagers

Third Defendant

Procedural Posture

Civil / Ruling on Application to Strike Out Counterclaim

Legal Issues

  1. 1 Whether the counterclaim complies with procedural rules and court orders
  2. 2 Whether the counterclaim obstructs the just disposal of proceedings
  3. 3 Whether permission is required for counterclaims against third parties or in different capacities

Ratio Decidendi

The counterclaim fails to comply with procedural rules and court orders, is incoherent and impossible to plead to, obstructs the just disposal of proceedings, and the Defendants have shown no willingness or ability to remedy defects; therefore, it must be struck out under CPR r 3.4(2)(b).

Court Disposition

Counterclaim struck out

Orders

  • Counterclaim of the First Defendant is struck out under CPR r 3.4(2)(b)
  • No further opportunity to amend or re-file the counterclaim