City East Recruitment Ltd v British Gas Social Housing Ltd

City East Recruitment Ltd v British Gas Social Housing Ltd

The application for summary judgment or strike out was dismissed because the claims, as pleaded, were not so deficient or inherently unlikely to succeed that they should be struck out or summarily dismissed. The factual disputes and sufficiency of evidence should be determined at trial, and the claims for commission and transfer fee, as well as for lost management time, should not be struck out at this stage.

Parties
Claimant/respondent: City East Recruitment Limited; Defendant/applicant: British Gas Social Housing Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2020
Procedural Posture
Civil (commercial/contract) / Summary Judgment/strike Out Application
Outcome
Application dismissed
Legal Topics
Summary Judgment, Strike Out, Recruitment Agency Contracts, Damages, Debt Claims
Contract Law Civil Procedure Summary Judgment Strike Out Recruitment Agency Contracts Damages Debt Claims

Case Brief

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Parties

City East Recruitment Limited

Claimant/respondent

British Gas Social Housing Limited

Defendant/applicant

Procedural Posture

Civil (commercial/contract) / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the claims relating to 'estimated flipped workers' should be struck out or summarily dismissed for lack of factual basis or legal sufficiency
  2. 2 Whether a claim for both commission and transfer fee can be maintained simultaneously under the contract
  3. 3 Whether the claims for lost management time and business development losses should be struck out for lack of particulars

Ratio Decidendi

The application for summary judgment or strike out was dismissed because the claims, as pleaded, were not so deficient or inherently unlikely to succeed that they should be struck out or summarily dismissed. The factual disputes and sufficiency of evidence should be determined at trial, and the claims for commission and transfer fee, as well as for lost management time, should not be struck out at this stage.

Court Disposition

Application dismissed

Orders

  • The Defendant's application for summary judgment and/or strike out is dismissed in its entirety.