Higgins v Swanlea Ltd [2016] EWHC 1147 (Ch) (23 May 2016)

Higgins v Swanlea Ltd [2016] EWHC 1147 (Ch) (23 May 2016)

The appeal was allowed and the claim struck out because, on the evidence the claimant was permitted to adduce, there was no real prospect of proving the pleaded agreement with Swanlea. The only admissible witness statement described the key document as a letter of intent with Europa, not an agreement with Swanlea, and there was no sufficient evidence to support the claim. The Chief Registrar erred in refusing to consider evidence on the strike out application and in concluding that CPR 3.4 was not available to the Defendants.

Citation
[2016] EWHC 1147 (Ch)
Parties
Claimant/respondent: Brian Higgins; Defendant/appellant: Swanlea Limited; Defendant/appellant: David John Cooper; Defendant/appellant: Susan Jane Cooper
Jurisdiction
England and Wales
Judgment Date
23 May 2016
Procedural Posture
Civil Appeal (chancery Division) / Appeal From Refusal to Strike Out Claim
Outcome
Appeal allowed; claim struck out
Legal Topics
Strike Out Applications, Summary Judgment, Shareholder Disputes, Companies Act 2006 S.782, Disclosure and Sanctions
Civil Procedure Company Law Strike Out Applications Summary Judgment Shareholder Disputes Companies Act 2006 S.782 Disclosure and Sanctions

Case Brief

Summary, issues, holding and outcome

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Parties

Brian Higgins

Claimant/respondent

Swanlea Limited

Defendant/appellant

David John Cooper

Defendant/appellant

Susan Jane Cooper

Defendant/appellant

Procedural Posture

Civil Appeal (chancery Division) / Appeal From Refusal to Strike Out Claim

Legal Issues

  1. 1 Whether the claim should be struck out under CPR 3.4(2)(b) for having no real prospect of success based on available evidence
  2. 2 Whether evidence beyond pleadings can be considered on a CPR 3.4 application
  3. 3 Whether the claimant's evidence is sufficient to prove the pleaded agreement

Ratio Decidendi

The appeal was allowed and the claim struck out because, on the evidence the claimant was permitted to adduce, there was no real prospect of proving the pleaded agreement with Swanlea. The only admissible witness statement described the key document as a letter of intent with Europa, not an agreement with Swanlea, and there was no sufficient evidence to support the claim. The Chief Registrar erred in refusing to consider evidence on the strike out application and in concluding that CPR 3.4 was not available to the Defendants.

Court Disposition

Appeal allowed; claim struck out

Orders

  • The claim is struck out pursuant to CPR 3.4(2)(b).
  • Costs to be paid by the Claimant, to be assessed if not agreed.