Liberty Homes (Kent) Ltd v Rajakanthan & Ors [2022] EWHC 2201 (TCC) (19 August 2022)

Liberty Homes (Kent) Ltd v Rajakanthan & Ors [2022] EWHC 2201 (TCC) (19 August 2022)

The Particulars of Claim failed to comply with CPR and Practice Direction requirements by not adequately pleading the formation, terms, and parties to the alleged contracts, and by failing to identify any 'unjust factor' for unjust enrichment claims. Claims against certain defendants, including as guarantor/surety, were inadequately particularised and/or legally unsustainable. Accordingly, the court struck out the pleaded statements of case as against the relevant defendants but allowed the claimant the opportunity to re-plead compliant claims where possible.

Citation
[2022] EWHC 2201 (TCC)
Parties
Claimant: Liberty Homes (Kent) Limited; First Defendant: Kanagaratnam Rajakanthan; Second Defendant: Donata Rajakanthan; Third Defendant: Kanagaratnam Rajamogan; Fourth Defendant: Jane Rajamogan; Fifth Defendant: Richard Suren Rajamogan; Sixth Defendant: Natalie Reka Dowding; Seventh Defendant: Forest Dowding; Eighth Defendant: Jason Rajamogan; Ninth Defendant: Ruth Rajamogan; Tenth Defendant: Nicholas James Care Homes Limited; Eleventh Defendant: Regal Care Trading Limited; Twelfth Defendant: JRN Garages Limited; Thirteenth Defendant: Uniquehelp Limited
Jurisdiction
England and Wales
Judgment Date
19 August 2022
Procedural Posture
Commercial Construction Dispute (technology and Construction Court) / Interlocutory Applications: Strike Out and Security for Costs
Outcome
Application granted in part: Pleadings struck out as against certain defendants; claimant permitted to re-plead compliant claims. No summary judgment granted. Security for costs application not determined in this extract.
Legal Topics
Strike Out Applications, Summary Judgment, Security for Costs, Pleading Requirements, Unjust Enrichment, Guarantees and Indemnities, Practice Direction Compliance
Civil Procedure Contract Law Restitution Construction Law Strike Out Applications Summary Judgment Security for Costs Pleading Requirements +3 more

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Parties

Liberty Homes (Kent) Limited

Claimant

Kanagaratnam Rajakanthan

First Defendant

Donata Rajakanthan

Second Defendant

Kanagaratnam Rajamogan

Third Defendant

Jane Rajamogan

Fourth Defendant

Richard Suren Rajamogan

Fifth Defendant

Natalie Reka Dowding

Sixth Defendant

Forest Dowding

Seventh Defendant

Jason Rajamogan

Eighth Defendant

Ruth Rajamogan

Ninth Defendant

Nicholas James Care Homes Limited

Tenth Defendant

Regal Care Trading Limited

Eleventh Defendant

JRN Garages Limited

Twelfth Defendant

Uniquehelp Limited

Thirteenth Defendant

Procedural Posture

Commercial Construction Dispute (technology and Construction Court) / Interlocutory Applications: Strike Out and Security for Costs

Legal Issues

  1. 1 Whether the Particulars of Claim comply with CPR and Practice Direction requirements for pleading contractual and restitutionary claims
  2. 2 Whether claims in unjust enrichment are properly pleaded and sustainable where contracts exist
  3. 3 Whether claims against certain defendants (including as guarantor/surety) are adequately particularised and legally viable

Ratio Decidendi

The Particulars of Claim failed to comply with CPR and Practice Direction requirements by not adequately pleading the formation, terms, and parties to the alleged contracts, and by failing to identify any 'unjust factor' for unjust enrichment claims. Claims against certain defendants, including as guarantor/surety, were inadequately particularised and/or legally unsustainable. Accordingly, the court struck out the pleaded statements of case as against the relevant defendants but allowed the claimant the opportunity to re-plead compliant claims where possible.

Court Disposition

Application granted in part: Pleadings struck out as against certain defendants; claimant permitted to re-plead compliant claims. No summary judgment granted. Security for costs application not determined in this extract.

Orders

  • The pleaded statements of case in respect of Four Oaks and Foxley Lane are struck out as against the first and second defendants.
  • The claim for damages against the tenth defendant (NJCH) in respect of Four Oaks is struck out.