Berkeley Square Holdings Ltd & Ors v Lancer Property Assets Management Ltd & Ors (Strike Out Application) (Rev 1) [2021] EWHC 818 (Ch) (Hearing 23-25 March 2021)

Berkeley Square Holdings Ltd & Ors v Lancer Property Assets Management Ltd & Ors (Strike Out Application) (Rev 1) [2021] EWHC 818 (Ch) (Hearing 23-25 March 2021)

Paragraph 8 is irrelevant to the defence as Sheikh Khalifa's alleged incapacity post-2014 cannot affect whether he knew or approved of the payments at the relevant time; thus, it discloses no reasonable grounds for defending the claim and must be struck out.

Citation
[2021] EWHC 818 (Ch)
Parties
Claimant/applicants: Berkeley Square Holdings Limited & Others; Defendant/respondent: Lancer Property Assets Management Limited; Defendant/respondent: John Townley Kevill; Defendant/respondent: Duncan Robert Ferguson; Defendant/respondent: Andrew John Windle Lax; Defendant/respondent: Byron Howard Pull; Defendant/respondent: Lancer Property Holdings Limited
Jurisdiction
England and Wales
Procedural Posture
Civil (commercial/chancery) / Interlocutory Application (strike Out)
Outcome
Application allowed; paragraph 8 struck out.
Legal Topics
Strike Out Applications, Pleadings, Abuse of Process, Disclosure, Authority to Act, State Immunity
Civil Procedure Commercial Law Strike Out Applications Pleadings Abuse of Process Disclosure Authority to Act State Immunity

Case Brief

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Parties

Berkeley Square Holdings Limited & Others

Claimant/applicants

Lancer Property Assets Management Limited

Defendant/respondent

John Townley Kevill

Defendant/respondent

Duncan Robert Ferguson

Defendant/respondent

Andrew John Windle Lax

Defendant/respondent

Byron Howard Pull

Defendant/respondent

Lancer Property Holdings Limited

Defendant/respondent

Procedural Posture

Civil (commercial/chancery) / Interlocutory Application (strike Out)

Legal Issues

  1. 1 Whether paragraph 8 of the defendants' re-amended defence and counterclaim should be struck out under CPR 3.4(2)(a) and (b)
  2. 2 Whether the allegation of Sheikh Khalifa's incapacity is relevant to the defence
  3. 3 Whether the pleading constitutes an abuse of process

Ratio Decidendi

Paragraph 8 is irrelevant to the defence as Sheikh Khalifa's alleged incapacity post-2014 cannot affect whether he knew or approved of the payments at the relevant time; thus, it discloses no reasonable grounds for defending the claim and must be struck out.

Court Disposition

Application allowed; paragraph 8 struck out.

Orders

  • Paragraph 8 of the defendants' re-amended defence and counterclaim is struck out.