Liberty Homes (Kent) Limited v Kanagaratnam Rajakanthan & Ors

Liberty Homes (Kent) Limited v Kanagaratnam Rajakanthan & Ors

The Particulars of Claim failed to comply with the CPR and Practice Directions by not setting out sufficient detail of the contracts, parties, terms, or unjust factors. Claims in unjust enrichment were not properly pleaded. Guarantee claims were unenforceable for lack of writing. Security for costs was justified due to the claimant's inability to pay and asset transfers. The court struck out the defective pleadings but allowed the claimant an opportunity to re-plead, and ordered security for costs.

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
Civil (commercial/construction) / Ruling on Applications to Strike Out and for Security for Costs
Outcome
Application to strike out granted in part; security for costs granted
Legal Topics
Striking Out Pleadings, Security for Costs, Guarantees and Indemnities, Unjust Enrichment, Construction Contracts, Practice Directions Compliance
Civil Procedure Contract Law Restitution/unjust Enrichment Company Law Striking Out Pleadings Security for Costs Guarantees and Indemnities Unjust Enrichment +2 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

Civil (commercial/construction) / Ruling on Applications to Strike Out and for Security for Costs

Legal Issues

  1. 1 Whether the Particulars of Claim comply with CPR and Practice Directions
  2. 2 Whether claims in contract, guarantee, and unjust enrichment are properly pleaded
  3. 3 Whether claims against certain defendants disclose reasonable grounds

Ratio Decidendi

The Particulars of Claim failed to comply with the CPR and Practice Directions by not setting out sufficient detail of the contracts, parties, terms, or unjust factors. Claims in unjust enrichment were not properly pleaded. Guarantee claims were unenforceable for lack of writing. Security for costs was justified due to the claimant's inability to pay and asset transfers. The court struck out the defective pleadings but allowed the claimant an opportunity to re-plead, and ordered security for costs.

Court Disposition

Application to strike out granted in part; security for costs granted

Orders

  • Defective parts of the Particulars of Claim struck out as against relevant defendants, with permission to re-plead within directions to be given.
  • Claims in unjust enrichment, quantum meruit, and quantum valebat struck out as disclosing no reasonable grounds.