Waterman Transport Ltd v Torchwood Properties Ltd

Waterman Transport Ltd v Torchwood Properties Ltd

The counterclaim was struck out due to lack of expert evidence and insufficient pleading. Summary judgment was granted for the first three invoices as there was no arguable defence. The remainder of the claim was allowed due to substantive non-compliance with pre-trial directions, resulting in automatic striking out of the defence.

Parties
Claimant/respondent: Waterman Transport Ltd; Defendant/appellant: Torchwood Properties Ltd
Jurisdiction
England and Wales
Judgment Date
17 April 2015
Procedural Posture
Civil / Judgment on Summary Judgment and Strike Out Applications
Outcome
Claim allowed, counterclaim struck out, summary judgment granted, costs awarded to claimant.
Legal Topics
Summary Judgment, Strike Out, Professional Negligence, Costs, Relief From Sanctions
Civil Procedure Contract Law Professional Negligence Summary Judgment Strike Out Costs Relief From Sanctions

Case Brief

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Parties

Waterman Transport Ltd

Claimant/respondent

Torchwood Properties Ltd

Defendant/appellant

Procedural Posture

Civil / Judgment on Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the defendant's counterclaim for professional negligence should be struck out
  2. 2 Whether the claimant is entitled to summary judgment for unpaid invoices
  3. 3 Whether the defendant's non-compliance with pre-trial directions justifies striking out the defence

Ratio Decidendi

The counterclaim was struck out due to lack of expert evidence and insufficient pleading. Summary judgment was granted for the first three invoices as there was no arguable defence. The remainder of the claim was allowed due to substantive non-compliance with pre-trial directions, resulting in automatic striking out of the defence.

Court Disposition

Claim allowed, counterclaim struck out, summary judgment granted, costs awarded to claimant.

Orders

  • Counterclaim struck out for lack of expert evidence and insufficient pleading.
  • Summary judgment granted for invoices 3035731, 3056177, and 3060510.