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 that they constitute an abuse of process and obstruct the just disposal of proceedings. The claims for a continuing cash flow agreement and for costs as damages are fanciful and have no reasonable prospect of success. The Particulars also improperly include privileged material. No lesser remedy than striking out the entire Particulars is appropriate.

Citation
[2007] EWHC B2 (QB)
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 Requirements, Privilege, Costs as Damages, Conditional Fee Agreements
Civil Procedure Contract Law Legal Profession Strike Out Applications Abuse of Process Pleadings Requirements Privilege Costs as Damages +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 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 that they constitute an abuse of process and obstruct the just disposal of proceedings. The claims for a continuing cash flow agreement and for costs as damages are fanciful and have no reasonable prospect of success. The Particulars also improperly include privileged material. No lesser remedy than striking out the entire Particulars is appropriate.

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 disclose reasonable grounds.
  • Claims based on continuing cash flow obligations and costs as damages struck out as fanciful and misconceived.