Sweetman v Shepherd & Ors [2007] EWHC 137 (QB) (02 February 2007)

Sweetman v Shepherd & Ors [2007] EWHC 137 (QB) (02 February 2007)

The claims are struck out because the combination of inordinate and inexcusable delay, loss of critical evidence, and the passage of time has rendered a fair trial impossible. The claimant failed to prosecute the actions with sufficient diligence after the end of criminal proceedings and assignment of claims, and the prejudice to the defendants is such that the court cannot permit the actions to proceed.

Citation
[2007] EWHC 137 (QB)
Parties
Claimant: Keith Ivan Eugene Sweetman; Defendant: Bernard Robert M Shepherd; Defendant: Nigel Robert Jones; Defendant: John Harry Roberts; Defendant: Bernard Robert Porter; Defendant: David S Johnson; Defendant: Ronald Steven Nathan; Defendant: David Anthony Rubin; Defendant: Stephen Brian Simmons; Defendant: Deborah Jane Levy; Defendant: Keith A Price; Defendant: Harold B. Berwin; Defendant: Russell Jones Walker (a firm); Defendant: Angus McCullough
Jurisdiction
England and Wales
Judgment Date
02 February 2007
Procedural Posture
Civil / Application to Strike Out Claim (pre Trial)
Outcome
Claims struck out
Legal Topics
Strike Out Applications, Limitation Periods, Delay in Litigation, Solicitor's Duties, Fraudulent Misrepresentation, Bankruptcy and Assignment of Claims
Civil Procedure Professional Negligence Fraud Strike Out Applications Limitation Periods Delay in Litigation Solicitor's Duties Fraudulent Misrepresentation +1 more

Case Brief

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Parties

Keith Ivan Eugene Sweetman

Claimant

Bernard Robert M Shepherd

Defendant

Nigel Robert Jones

Defendant

John Harry Roberts

Defendant

Bernard Robert Porter

Defendant

David S Johnson

Defendant

Ronald Steven Nathan

Defendant

David Anthony Rubin

Defendant

Stephen Brian Simmons

Defendant

Deborah Jane Levy

Defendant

Keith A Price

Defendant

Harold B. Berwin

Defendant

Russell Jones Walker (a firm)

Defendant

Angus McCullough

Defendant

Procedural Posture

Civil / Application to Strike Out Claim (pre Trial)

Legal Issues

  1. 1 Whether the claims can properly and justly be tried given the passage of time and loss of evidence
  2. 2 Whether there has been inordinate and inexcusable delay justifying strike out
  3. 3 Whether the claims are an abuse of process

Ratio Decidendi

The claims are struck out because the combination of inordinate and inexcusable delay, loss of critical evidence, and the passage of time has rendered a fair trial impossible. The claimant failed to prosecute the actions with sufficient diligence after the end of criminal proceedings and assignment of claims, and the prejudice to the defendants is such that the court cannot permit the actions to proceed.

Court Disposition

Claims struck out

Orders

  • All three actions are struck out as untriable and/or as an abuse of process.
  • No order for trial; proceedings dismissed.