Berkeley Square Holdings Ltd & Ors v Lancer Property Assets Management Ltd & Ors (Strike Out Application) (Rev 1)

Berkeley Square Holdings Ltd & Ors v Lancer Property Assets Management Ltd & Ors (Strike Out Application) (Rev 1)

Paragraph 8 of the re-amended defence and counterclaim is irrelevant to the pleaded defence, as Sheikh Khalifa's alleged incapacity after January 2014 cannot affect whether he knew or approved of the payments at the relevant time. The only possible relevance is speculative and not a proper matter for pleading. The paragraph does not disclose a reasonable ground for defending the claim and must be struck out.

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
Judgment Date
25 March 2021
Procedural Posture
Civil (commercial/property) / Interlocutory Application (strike Out of Defence Paragraph)
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 Property Law Strike Out Applications Pleadings Abuse of Process Disclosure Authority to Act +1 more

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/property) / Interlocutory Application (strike Out of Defence Paragraph)

Legal Issues

  1. 1 Whether paragraph 8 of the re-amended defence and counterclaim should be struck out for disclosing no reasonable grounds for defending the claim
  2. 2 Whether the pleading constitutes an abuse of process

Ratio Decidendi

Paragraph 8 of the re-amended defence and counterclaim is irrelevant to the pleaded defence, as Sheikh Khalifa's alleged incapacity after January 2014 cannot affect whether he knew or approved of the payments at the relevant time. The only possible relevance is speculative and not a proper matter for pleading. The paragraph does not disclose a reasonable ground for defending the claim and must be struck out.

Court Disposition

Application allowed; paragraph 8 struck out

Orders

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