Pankim Kumar Patel v Minerva Services Delaware, Inc & Ors

Pankim Kumar Patel v Minerva Services Delaware, Inc & Ors

The claimant's conspiracy claim is not struck out at this stage; he is given an opportunity to amend his pleading. The Defence to Counterclaim is not struck out nor is summary judgment granted to MSD, as there are triable issues regarding the trust arrangements, assignments, and factual circumstances. The applications are dismissed except for relief relating to the Part 18 Request.

Parties
Claimant: Pankim Kumar Patel; First Defendant: Minerva Services Delaware, Inc; Second Defendant: Paul Baxendale-Walker; Third Defendant: Mark Barry Slater
Jurisdiction
England and Wales
Judgment Date
10 March 2023
Procedural Posture
Civil / Ruling on Strike Out and Summary Judgment Applications
Outcome
Applications dismissed except for relief relating to Part 18 Request; claimant to file draft amended Points of Claim within 28 days.
Legal Topics
Strike Out Applications, Summary Judgment, Conspiracy, Trusts, Assignment of Claims, Abuse of Process
Civil Procedure Trusts and Equity Tort Strike Out Applications Summary Judgment Conspiracy Trusts Assignment of Claims +1 more

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Parties

Pankim Kumar Patel

Claimant

Minerva Services Delaware, Inc

First Defendant

Paul Baxendale-Walker

Second Defendant

Mark Barry Slater

Third Defendant

Procedural Posture

Civil / Ruling on Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the claimant's conspiracy claim should be struck out for lack of actionable conspiracy
  2. 2 Whether the claimant suffered actionable loss or damage
  3. 3 Whether summary judgment should be granted on the counterclaim for £9,477,178

Ratio Decidendi

The claimant's conspiracy claim is not struck out at this stage; he is given an opportunity to amend his pleading. The Defence to Counterclaim is not struck out nor is summary judgment granted to MSD, as there are triable issues regarding the trust arrangements, assignments, and factual circumstances. The applications are dismissed except for relief relating to the Part 18 Request.

Court Disposition

Applications dismissed except for relief relating to Part 18 Request; claimant to file draft amended Points of Claim within 28 days.

Orders

  • October 2022 Application dismissed except for Part 18 Request
  • Claimant to file draft amended Points of Claim within 28 days