West v Churchill & Anor [2024] EWHC 940 (Ch) (26 April 2024)

West v Churchill & Anor [2024] EWHC 940 (Ch) (26 April 2024)

The alleged representations relied upon by the first defendant were made during without prejudice negotiations and do not fall within the recognised estoppel exception to the without prejudice rule. The communications are inadmissible, and reliance on them constitutes an abuse of process. The relevant parts of the defence and counterclaim must be struck out, and summary judgment is granted on those issues.

Citation
[2024] EWHC 940 (Ch)
Parties
Claimant: Nicola Pauline West; First Defendant: Wendy Elizabeth Churchill; Second Defendant: Jemma Salter
Jurisdiction
England and Wales
Judgment Date
26 April 2024
Procedural Posture
Chancery Property, Trusts and Probate / Interlocutory Application for Strike Out and Summary Judgment
Outcome
Application granted
Legal Topics
Without Prejudice Rule, Estoppel, Inheritance (provision for Family and Dependants) Act 1975, Abuse of Process, Summary Judgment, Strike Out Applications
Civil Procedure Probate Trusts Property Law Without Prejudice Rule Estoppel Inheritance (provision for Family and Dependants) Act 1975 Abuse of Process +2 more

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Parties

Nicola Pauline West

Claimant

Wendy Elizabeth Churchill

First Defendant

Jemma Salter

Second Defendant

Procedural Posture

Chancery Property, Trusts and Probate / Interlocutory Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether parts of the defence and counterclaim relying on without prejudice communications should be struck out as abuse of process
  2. 2 Whether the estoppel exception to the without prejudice rule applies
  3. 3 Whether summary judgment should be granted on parts of the defence and counterclaim

Ratio Decidendi

The alleged representations relied upon by the first defendant were made during without prejudice negotiations and do not fall within the recognised estoppel exception to the without prejudice rule. The communications are inadmissible, and reliance on them constitutes an abuse of process. The relevant parts of the defence and counterclaim must be struck out, and summary judgment is granted on those issues.

Court Disposition

Application granted

Orders

  • Relevant parts of the first defendant's defence and counterclaim relying on without prejudice communications are struck out as abuse of process
  • Consequential orders granted in respect of related parts of the defence, counterclaim, and witness statement