Jean Constance Blundell & Anor v Lucian Davies & Ors

Jean Constance Blundell & Anor v Lucian Davies & Ors

The application for strike out or summary judgment is dismissed except that Mrs Blundell's personal claim against the Second and Third Defendants is struck out. The Claimants' non-compliance with disclosure obligations was not sufficient to warrant strike out at this stage, especially as the application notice did not properly raise the issue and a consent order paused compliance. Mrs Blundell's personal claim against the First, Fourth, and Fifth Defendants has a real prospect of success and is not clearly barred as reflective loss. The assignment of Centec's claims is not void for maintenance or champerty on the evidence and pleadings before the court.

Parties
First Claimant: Jean Constance Blundell; Second Claimant: Christopher John Blundell; First Defendant: Lucian Davies; Second Defendant: Mary Theresa Davies; Third Defendant: Prosolve Distillates Limited; Fourth Defendant: Refuels Limited; Fifth Defendant: Michael Stephen Taylor
Jurisdiction
England and Wales
Judgment Date
02 February 2026
Procedural Posture
Civil / Ruling on Application for Summary Judgment And/or Strike Out
Outcome
Application dismissed in part; personal claim against Second and Third Defendants struck out; remainder of application dismissed.
Legal Topics
Summary Judgment, Strike Out, Disclosure Obligations, Assignment of Claims, Director's Duties, Reflective Loss, Maintenance and Champerty
Commercial Law Company Law Civil Procedure Summary Judgment Strike Out Disclosure Obligations Assignment of Claims Director's Duties +2 more

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Parties

Jean Constance Blundell

First Claimant

Christopher John Blundell

Second Claimant

Lucian Davies

First Defendant

Mary Theresa Davies

Second Defendant

Prosolve Distillates Limited

Third Defendant

Refuels Limited

Fourth Defendant

Michael Stephen Taylor

Fifth Defendant

Procedural Posture

Civil / Ruling on Application for Summary Judgment And/or Strike Out

Legal Issues

  1. 1 Whether the claim should be struck out or summary judgment granted due to non-compliance with disclosure obligations
  2. 2 Whether Mrs Blundell's personal claim is sustainable or should be struck out as reflective loss or for lack of causation
  3. 3 Whether the assignment of Centec's claims to the Claimants is void for maintenance or champerty

Ratio Decidendi

The application for strike out or summary judgment is dismissed except that Mrs Blundell's personal claim against the Second and Third Defendants is struck out. The Claimants' non-compliance with disclosure obligations was not sufficient to warrant strike out at this stage, especially as the application notice did not properly raise the issue and a consent order paused compliance. Mrs Blundell's personal claim against the First, Fourth, and Fifth Defendants has a real prospect of success and is not clearly barred as reflective loss. The assignment of Centec's claims is not void for maintenance or champerty on the evidence and pleadings before the court.

Court Disposition

Application dismissed in part; personal claim against Second and Third Defendants struck out; remainder of application dismissed.

Orders

  • Mrs Blundell's personal claim against the Second and Third Defendants is struck out.
  • The remainder of the Defendants' application for strike out or summary judgment is dismissed.