Raja v McMIllan

Raja v McMIllan

The application for strike out or summary judgment is dismissed because the claimant’s pleadings disclose arguable causes of action in unlawful means conspiracy and deceit, the facts alleged are sufficiently particularised to put the defendant on notice, and the issues of fact and law, especially those involving fraud and dishonesty, are unsuitable for summary determination and should proceed to trial.

Parties
Claimant/respondent: Ms Kausar Raja; Defendant/applicant: Mr Terry Godrick McMillan
Jurisdiction
England and Wales
Judgment Date
22 April 2020
Procedural Posture
Civil / Application for Summary Judgment or Strike Out
Outcome
Application for strike out and summary judgment dismissed
Legal Topics
Unlawful Means Conspiracy, Deceit, Summary Judgment, Strike Out, Pleading Fraud, Affordable Housing Obligation, Planning Law
Tort Law Property Law Civil Procedure Company Law Unlawful Means Conspiracy Deceit Summary Judgment Strike Out +3 more

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Parties

Ms Kausar Raja

Claimant/respondent

Mr Terry Godrick McMillan

Defendant/applicant

Procedural Posture

Civil / Application for Summary Judgment or Strike Out

Legal Issues

  1. 1 Whether the claim in 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 disclose a cause of action in conspiracy and deceit

Ratio Decidendi

The application for strike out or summary judgment is dismissed because the claimant’s pleadings disclose arguable causes of action in unlawful means conspiracy and deceit, the facts alleged are sufficiently particularised to put the defendant on notice, and the issues of fact and law, especially those involving fraud and dishonesty, are unsuitable for summary determination and should proceed to trial.

Court Disposition

Application for strike out and summary judgment dismissed

Orders

  • The case is to be listed for directions as soon as possible.
  • Counsel to consider whether a draft order and consequential issues can be agreed or dealt with by written submissions.