Andrew Kasongo v CRBE Limited & Anor

Andrew Kasongo v CRBE Limited & Anor

The judge erred in law by applying a summary judgment approach to a strike out application under CPR 3.4(2)(a), considering evidence beyond the statement of case and thereby wrongly depriving the claimant of QOCS protection. The statement of case disclosed reasonable grounds for bringing the claim; any challenge to the merits should have been by summary judgment, not strike out.

Parties
Appellant / Claimant: Andrew Kasongo; Respondent / Defendant: CRBE Limited; Respondent / Defendant: Transport for London
Jurisdiction
England and Wales
Judgment Date
28 March 2023
Procedural Posture
Appeal / Judgment on Appeal Against Strike Out Order
Outcome
Appeal allowed in part; strike out order set aside; case remitted for further directions.
Legal Topics
Strike Out Applications, Summary Judgment, Qualified One Way Costs Shifting (qocs), Occupiers' Liability, Costs Orders
Civil Procedure Personal Injury Strike Out Applications Summary Judgment Qualified One Way Costs Shifting (qocs) Occupiers' Liability Costs Orders

Case Brief

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Parties

Andrew Kasongo

Appellant / Claimant

CRBE Limited

Respondent / Defendant

Transport for London

Respondent / Defendant

Procedural Posture

Appeal / Judgment on Appeal Against Strike Out Order

Legal Issues

  1. 1 Whether the statement of case disclosed no reasonable grounds for bringing the claim under CPR 3.4(2)(a)
  2. 2 Whether the judge erred by considering evidence beyond the statement of case in a strike out application
  3. 3 Whether the costs protection under QOCS was properly removed under CPR 44.15

Ratio Decidendi

The judge erred in law by applying a summary judgment approach to a strike out application under CPR 3.4(2)(a), considering evidence beyond the statement of case and thereby wrongly depriving the claimant of QOCS protection. The statement of case disclosed reasonable grounds for bringing the claim; any challenge to the merits should have been by summary judgment, not strike out.

Court Disposition

Appeal allowed in part; strike out order set aside; case remitted for further directions.

Orders

  • Order of HHJ Saggerson dated 8 February 2022 set aside.
  • Case remitted to the County Court at Central London for further directions.