Barnett v Walker & Ors [2020] EWHC 1538 (QB) (12 June 2020)

Barnett v Walker & Ors [2020] EWHC 1538 (QB) (12 June 2020)

The particulars of claim are inadequately pleaded, fail to disclose reasonable grounds for bringing the claim, and do not support the remedies sought. The claim must be brought as a representative action if it is to proceed. The Claimant is given permission to replead the case; the particulars of claim are struck out but the claim form is not. Applications for default judgment and to strike out the defence are dismissed. Relief from sanctions for late service of the defence is granted if necessary.

Citation
[2020] EWHC 1538
Parties
Claimant: Christopher David Barnett; Defendant: Adam Walker; Defendant: Clive Jefferson; Defendant: The British National Party; Defendant: Vicki McKenzie; Defendant: Valerie Donohue
Jurisdiction
England and Wales
Judgment Date
12 June 2020
Procedural Posture
Civil (contract/association Dispute) / Interlocutory (strike Out/amendment Applications)
Outcome
Particulars of claim struck out with permission to replead; claim form not struck out; applications for default judgment and to strike out defence dismissed; relief from sanctions granted if necessary; application to add claimant adjourned.
Legal Topics
Unincorporated Associations, Political Parties, Constitutional Amendments, Representative Actions, Pleading Requirements, Jurisdiction, Remedies, Financial Mismanagement
Contract Law Association Law Civil Procedure Unincorporated Associations Political Parties Constitutional Amendments Representative Actions Pleading Requirements +3 more

Case Brief

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Parties

Christopher David Barnett

Claimant

Adam Walker

Defendant

Clive Jefferson

Defendant

The British National Party

Defendant

Vicki McKenzie

Defendant

Valerie Donohue

Defendant

Procedural Posture

Civil (contract/association Dispute) / Interlocutory (strike Out/amendment Applications)

Legal Issues

  1. 1 Whether the claim discloses reasonable grounds for bringing the claim against the Defendants
  2. 2 Whether the claim should be struck out as an abuse of process
  3. 3 Whether the Claimant has standing as a member to bring the claim

Ratio Decidendi

The particulars of claim are inadequately pleaded, fail to disclose reasonable grounds for bringing the claim, and do not support the remedies sought. The claim must be brought as a representative action if it is to proceed. The Claimant is given permission to replead the case; the particulars of claim are struck out but the claim form is not. Applications for default judgment and to strike out the defence are dismissed. Relief from sanctions for late service of the defence is granted if necessary.

Court Disposition

Particulars of claim struck out with permission to replead; claim form not struck out; applications for default judgment and to strike out defence dismissed; relief from sanctions granted if necessary; application to add claimant adjourned.

Orders

  • Particulars of claim struck out
  • Permission to replead granted