Justice Investments Ltd v Visalia Energia SL (t/a Nace) & Ors [2026] EWHC 676 (KB) (23 March 2026)

Justice Investments Ltd v Visalia Energia SL (t/a Nace) & Ors [2026] EWHC 676 (KB) (23 March 2026)

The Claimant's second strike out application was dismissed as wholly without merit because the defence, though provisional in parts, disclosed a realistic prospect of success, and the issues raised were for trial, not summary determination. The application was an improper attempt to re-litigate matters already decided. The disposal hearing for damages against D3-D5 was adjourned to be heard with the trial against D1/D2, as the issues overlapped extensively and separate determination would risk inconsistent findings, inefficiency, and prejudice to D1/D2.

Citation
[2026] EWHC 676 (KB)
Parties
Claimant: Justice Investments Limited; First Defendant: Visalia Energia SL t/a Nace; Second Defendant: Pablo Abejas Garcia; Third Defendant: Alejandro Ortega Herrero; Fourth Defendant: Carmen Doncel Rodriguez; Fifth Defendant: Felpudos Abejas SL; Sixth Defendant: Vivier and Company (in liquidation)
Jurisdiction
England and Wales
Judgment Date
23 March 2026
Procedural Posture
Civil (commercial) / Interlocutory Applications and Case Management
Outcome
Claimant's second strike out application dismissed as wholly without merit; disposal hearing for damages against D3-D5 adjourned to be heard with trial of claims against D1/D2.
Legal Topics
Strike Out Applications, Security for Costs, Default Judgment, Damages Assessment, Abuse of Process, Disclosure, Assignment of Contract, Unlawful Means Conspiracy, Breach of Contract, Fiduciary Duties
Commercial Law Contract Law Tort Law Civil Procedure Strike Out Applications Security for Costs Default Judgment Damages Assessment +6 more

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Parties

Justice Investments Limited

Claimant

Visalia Energia SL t/a Nace

First Defendant

Pablo Abejas Garcia

Second Defendant

Alejandro Ortega Herrero

Third Defendant

Carmen Doncel Rodriguez

Fourth Defendant

Felpudos Abejas SL

Fifth Defendant

Vivier and Company (in liquidation)

Sixth Defendant

Procedural Posture

Civil (commercial) / Interlocutory Applications and Case Management

Legal Issues

  1. 1 Whether the defence of D1 and D2 should be struck out for abuse of process, lack of reasonable grounds, or non-compliance with court orders
  2. 2 Whether the disposal hearing for damages against D3-D5 should proceed or be adjourned pending trial of claims against D1/D2
  3. 3 Whether the interests of justice and case management require consolidation of damages assessment with trial against D1/D2

Ratio Decidendi

The Claimant's second strike out application was dismissed as wholly without merit because the defence, though provisional in parts, disclosed a realistic prospect of success, and the issues raised were for trial, not summary determination. The application was an improper attempt to re-litigate matters already decided. The disposal hearing for damages against D3-D5 was adjourned to be heard with the trial against D1/D2, as the issues overlapped extensively and separate determination would risk inconsistent findings, inefficiency, and prejudice to D1/D2.

Court Disposition

Claimant's second strike out application dismissed as wholly without merit; disposal hearing for damages against D3-D5 adjourned to be heard with trial of claims against D1/D2.

Orders

  • Claimant's second strike out application is dismissed as wholly without merit.
  • Disposal hearing for damages against D3-D5 is adjourned to be heard with the trial of claims against D1 and D2.