Raja v McMIllan [2020] EWHC 951 (Ch) (22 April 2020)

Raja v McMIllan [2020] EWHC 951 (Ch) (22 April 2020)

The application for summary judgment or strike out was refused because the claimant's pleadings, while not perfect, were sufficiently particularised to put the defendant on notice of the case to answer. The facts alleged, if proved, could establish the torts of unlawful means conspiracy and deceit. The legal and factual disputes, especially regarding intent, knowledge, and causation, are not suitable for summary determination and require a full trial.

Citation
[2020] EWHC 951 (Ch)
Parties
Claimant/respondent: Ms Kausar Raja; Defendant/applicant: Mr Terry Godrick McMillan
Jurisdiction
England and Wales
Judgment Date
22 April 2020
Procedural Posture
Civil / Summary Judgment/strike Out Application
Outcome
Application for summary judgment and strike out refused; claim to proceed to trial.
Legal Topics
Unlawful Means Conspiracy, Deceit, Fraud Pleading Standards, Summary Judgment, Strike Out, Affordable Housing Obligations, Planning Law
Tort Law Property Law Civil Procedure Unlawful Means Conspiracy Deceit Fraud Pleading Standards Summary Judgment Strike Out +2 more

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Parties

Ms Kausar Raja

Claimant/respondent

Mr Terry Godrick McMillan

Defendant/applicant

Procedural Posture

Civil / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the claim for unlawful means conspiracy and/or deceit should be struck out or summarily dismissed
  2. 2 Whether the pleadings of fraud and dishonesty meet the required legal standard
  3. 3 Whether the facts alleged, if proved, could establish the torts of conspiracy and deceit

Ratio Decidendi

The application for summary judgment or strike out was refused because the claimant's pleadings, while not perfect, were sufficiently particularised to put the defendant on notice of the case to answer. The facts alleged, if proved, could establish the torts of unlawful means conspiracy and deceit. The legal and factual disputes, especially regarding intent, knowledge, and causation, are not suitable for summary determination and require a full trial.

Court Disposition

Application for summary judgment and strike out refused; claim to proceed to trial.

Orders

  • The defendant's application for summary judgment and/or strike out is dismissed.
  • The claim is to proceed to trial.