Raja v McmIllan [2021] EWCA Civ 1103 (21 July 2021)

Raja v McmIllan [2021] EWCA Civ 1103 (21 July 2021)

The appeal is dismissed because the claims of unlawful means conspiracy and joint tortfeasor liability in deceit raise triable issues of fact and law unsuitable for summary determination; the legal points raised are arguable but not straightforward, and the factual matrix requires full investigation at trial.

Citation
[2021] EWCA Civ 1103
Parties
Claimant and Respondent: Kausa Raja; Defendant and Appellant: Terry Godrick McMillan
Jurisdiction
England and Wales
Judgment Date
21 July 2021
Procedural Posture
Appeal / Appeal From High Court Decision Refusing Summary Judgment/strike Out; Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Strike Out, Unlawful Means Conspiracy, Deceit, Fraudulent Misrepresentation, Joint Tortfeasor Liability, Planning Obligations, Affordable Housing
Civil Procedure Property Law Tort Law Summary Judgment Strike Out Unlawful Means Conspiracy Deceit Fraudulent Misrepresentation +3 more

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Parties

Kausa Raja

Claimant and Respondent

Terry Godrick McMillan

Defendant and Appellant

Procedural Posture

Appeal / Appeal From High Court Decision Refusing Summary Judgment/strike Out; Court of Appeal Judgment

Legal Issues

  1. 1 Whether summary judgment or strike-out should be granted against claims of unlawful means conspiracy and deceit
  2. 2 Whether a director can conspire with his own companies (alter ego doctrine)
  3. 3 Whether conspiracy requires intention to use unlawful means at inception

Ratio Decidendi

The appeal is dismissed because the claims of unlawful means conspiracy and joint tortfeasor liability in deceit raise triable issues of fact and law unsuitable for summary determination; the legal points raised are arguable but not straightforward, and the factual matrix requires full investigation at trial.

Court Disposition

Appeal dismissed

Orders

  • Claim proceeds to trial on both conspiracy and joint tortfeasor claims
  • No summary judgment or strike-out granted