Patel & Anor v Patel & Ors

Patel & Anor v Patel & Ors

The second and fourth defendants must provide proper reasons and particulars in their defences to items 1, 3, 4, 5, 6, 7(a), 7(b), 8, 9, 9A, 10, 11, 12, and 12A, as their current responses are bare denials or ambiguous and do not comply with CPR rule 16.5. No order is made in relation to item 2 as it is not a breach of CPR rule 16.5.

Parties
Claimant: Alpesh Patel; Claimant: Bishops Walk Developments Limited; Defendant: Ashank Patel; Defendant: Mohammed Babar Iqbal; Defendant: Fourstream Capital Limited; Defendant: Equity Real Estate (Aries) Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2019
Procedural Posture
Civil / Supplemental Judgment on Application for Revised Defences
Outcome
Application granted in part
Legal Topics
Pleadings, Defence Requirements, Civil Procedure Rules (cpr) Compliance
Civil Procedure Pleadings Defence Requirements Civil Procedure Rules (cpr) Compliance

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Parties

Alpesh Patel

Claimant

Bishops Walk Developments Limited

Claimant

Ashank Patel

Defendant

Mohammed Babar Iqbal

Defendant

Fourstream Capital Limited

Defendant

Equity Real Estate (Aries) Limited

Defendant

Procedural Posture

Civil / Supplemental Judgment on Application for Revised Defences

Legal Issues

  1. 1 Whether the defences filed by the second and fourth defendants comply with CPR rule 16.5
  2. 2 Whether further particulars or clarifications are required in relation to specific items in the claim

Ratio Decidendi

The second and fourth defendants must provide proper reasons and particulars in their defences to items 1, 3, 4, 5, 6, 7(a), 7(b), 8, 9, 9A, 10, 11, 12, and 12A, as their current responses are bare denials or ambiguous and do not comply with CPR rule 16.5. No order is made in relation to item 2 as it is not a breach of CPR rule 16.5.

Court Disposition

Application granted in part

Orders

  • Second and fourth defendants to file and serve revised defences providing reasons and particulars for items 1, 3, 4, 5, 6, 7(a), 7(b), 8, 9, 9A, 10, 11, 12, and 12A as specified.
  • No order to be made in relation to item 2.