John Wyllie & Ors v Dr Sandradee Theresa Joseph & Ors

John Wyllie & Ors v Dr Sandradee Theresa Joseph & Ors

The Particulars of Claim do not disclose reasonable grounds, are prolix, incoherent, and fail to set out a sustainable cause of action. There is no realistic prospect the claimants could plead a viable case if given another opportunity. The claim is abusive and obstructs just disposal; it must be struck out in its entirety.

Parties
First Claimant: John Wyllie; Second Claimant: Wyllie Financial Services Limited; Third Claimant: A ‘Scottish News Limited; First Defendant: Dr Sandradee Theresa Joseph; Second Defendant: Mr David Foreman; Third Defendant: Bar Mutual Indemnity Fund
Jurisdiction
England and Wales
Judgment Date
29 January 2025
Procedural Posture
Civil / Strike Out Application—final Judgment
Outcome
Claim struck out in its entirety
Legal Topics
Strike Out, Barrister's Duty of Care, Insurable Interest, Abuse of Process, Pleading Requirements
Professional Negligence Civil Procedure Strike Out Barrister's Duty of Care Insurable Interest Abuse of Process Pleading Requirements

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Parties

John Wyllie

First Claimant

Wyllie Financial Services Limited

Second Claimant

A ‘Scottish News Limited

Third Claimant

Dr Sandradee Theresa Joseph

First Defendant

Mr David Foreman

Second Defendant

Bar Mutual Indemnity Fund

Third Defendant

Procedural Posture

Civil / Strike Out Application—final Judgment

Legal Issues

  1. 1 Whether the Particulars of Claim disclose reasonable grounds for bringing the claim
  2. 2 Whether the claim is an abuse of process or likely to obstruct just disposal
  3. 3 Whether the claim complies with relevant court rules

Ratio Decidendi

The Particulars of Claim do not disclose reasonable grounds, are prolix, incoherent, and fail to set out a sustainable cause of action. There is no realistic prospect the claimants could plead a viable case if given another opportunity. The claim is abusive and obstructs just disposal; it must be struck out in its entirety.

Court Disposition

Claim struck out in its entirety

Orders

  • Particulars of Claim struck out
  • Claim struck out