Clutterbuck v Brook Martin & Co (a firm) & Anor

Clutterbuck v Brook Martin & Co (a firm) & Anor

The particulars of claim and amended particulars of claim are prolix, unintelligible, lack proper particulars especially for fraud, and are not CPR compliant; the claims constitute an abuse of process by relitigating issues previously decided and are statute barred; the claimant has had ample opportunity to plead a compliant case but failed to do so; the defendants are prejudiced by ongoing litigation; the claim is struck out and reverse summary judgment granted as there is no real prospect of success and no compelling reason for trial.

Parties
Claimant: Amanda Stephanie Clutterbuck; Defendant: Brook Martin & Co (A Firm); Defendant: Stephen Oliver Brook
Jurisdiction
England and Wales
Judgment Date
26 April 2019
Procedural Posture
Civil / Ruling on Strike Out and Summary Judgment Applications
Outcome
Claim struck out and reverse summary judgment granted in favour of defendants.
Legal Topics
Strike Out, Summary Judgment, Abuse of Process, Limitation, Pleadings, Fraud Allegations
Civil Procedure Professional Negligence Trusts and Fiduciary Law Strike Out Summary Judgment Abuse of Process Limitation Pleadings +1 more

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Parties

Amanda Stephanie Clutterbuck

Claimant

Brook Martin & Co (A Firm)

Defendant

Stephen Oliver Brook

Defendant

Procedural Posture

Civil / Ruling on Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the particulars of claim are compliant with CPR and intelligible
  2. 2 Whether the claim is an abuse of process or collateral attack on previous judgments
  3. 3 Whether the claims are statute barred under the Limitation Act 1980

Ratio Decidendi

The particulars of claim and amended particulars of claim are prolix, unintelligible, lack proper particulars especially for fraud, and are not CPR compliant; the claims constitute an abuse of process by relitigating issues previously decided and are statute barred; the claimant has had ample opportunity to plead a compliant case but failed to do so; the defendants are prejudiced by ongoing litigation; the claim is struck out and reverse summary judgment granted as there is no real prospect of success and no compelling reason for trial.

Court Disposition

Claim struck out and reverse summary judgment granted in favour of defendants.

Orders

  • Claim struck out pursuant to CPR 3.4(2)(b) and (c)
  • Reverse summary judgment granted for defendants