Donnellan v Ward & Ors [2024] EWHC 2304 (Ch) (06 September 2024)

Donnellan v Ward & Ors [2024] EWHC 2304 (Ch) (06 September 2024)

The late disclosure by the Ward Parties, Mrs Ward and Ms Dorobat did not make a fair trial impossible or prevent the court from doing justice. The documents disclosed late were not of such significance as to warrant striking out the Defences. The Donnellan Parties had knowledge of the relevant issues and could have sought disclosure earlier. The application to strike out is dismissed; the case proceeds to determination on the merits.

Citation
[2024] EWHC 2304 (Ch)
Parties
Claimant: Anthony Donnellan; Defendant: Alan Ward; Defendant: Luxap Limited; Defendant/part 20 Claimant: Ebonair Investment SA; Defendant: Maureen Helen Ward; Defendant: Gabriela Elena Dorobat; Third Party/claimant/part 20 Defendant: Ricky Alan Keane; Fourth Party: Ian Wilton Keen; Fifth Party: Bobi Howard; Defendant: Chelsea Bridge Apartments Limited; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
06 September 2024
Procedural Posture
Civil (chancery Division) Multi Party Consolidated Proceedings / Post Trial Judgment on Strike Out Application and Substantive Trial Issues
Outcome
Strike out application dismissed; proceedings to be determined on the merits.
Legal Topics
Strike Out Applications, Disclosure Obligations, Beneficial Ownership, Nominee Arrangements, Partnership Existence, Possession Proceedings, Enforcement of Arbitration Awards
Civil Procedure Equity and Trusts Property Law Partnership Law Arbitration Strike Out Applications Disclosure Obligations Beneficial Ownership +4 more

Case Brief

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Parties

Anthony Donnellan

Claimant

Alan Ward

Defendant

Luxap Limited

Defendant

Ebonair Investment SA

Defendant/part 20 Claimant

Maureen Helen Ward

Defendant

Gabriela Elena Dorobat

Defendant

Ricky Alan Keane

Third Party/claimant/part 20 Defendant

Ian Wilton Keen

Fourth Party

Bobi Howard

Fifth Party

Chelsea Bridge Apartments Limited

Defendant

Persons Unknown

Defendant

Procedural Posture

Civil (chancery Division) Multi Party Consolidated Proceedings / Post Trial Judgment on Strike Out Application and Substantive Trial Issues

Legal Issues

  1. 1 Whether the Defences of Mr Ward, Mrs Ward and Ms Dorobat should be struck out for disclosure failures
  2. 2 Whether a partnership existed between Mr Donnellan and Mr Ward
  3. 3 Who holds the beneficial interest in certain flats (partnership, Ebonair, or nominees)

Ratio Decidendi

The late disclosure by the Ward Parties, Mrs Ward and Ms Dorobat did not make a fair trial impossible or prevent the court from doing justice. The documents disclosed late were not of such significance as to warrant striking out the Defences. The Donnellan Parties had knowledge of the relevant issues and could have sought disclosure earlier. The application to strike out is dismissed; the case proceeds to determination on the merits.

Court Disposition

Strike out application dismissed; proceedings to be determined on the merits.

Orders

  • The Defences of Mr Ward, Mrs Ward and Ms Dorobat are not struck out.
  • The trial continues to determination of substantive issues.