BPC Hotels Ltd v Brooke North (A Firm) [2014] EWHC 2367 (TCC) (06 June 2014)

BPC Hotels Ltd v Brooke North (A Firm) [2014] EWHC 2367 (TCC) (06 June 2014)

The court found that it cannot be sufficiently confident at this stage that the claimants will be unable to prove their case on causation; summary judgment and strike out applications are dismissed except for Mrs Chandra's claim for the second guarantee, which is struck out by consent.

Source-derived case information.

Citation
[2014] EWHC 2367 (TCC)
Parties
Claimant: BPC Hotels Limited; Defendant: Brooke North (A Firm); Defendant: Brooke North LLP
Jurisdiction
England and Wales
Judgment Date
06 June 2014
Procedural Posture
Summary Judgment Application and Strike Out / Interlocutory Hearing
Outcome
Defendants' applications for summary judgment and strike out dismissed except for Mrs Chandra's claim for the second guarantee, which is struck out by consent.
Legal Topics
Summary Judgment, Strike Out, Reflective Loss, Personal Guarantees, Causation, Directors' Losses, Step in Provisions, Receivership
Professional Negligence Construction Law Banking and Finance Summary Judgment Strike Out Reflective Loss Personal Guarantees Causation +3 more

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Parties

BPC Hotels Limited

Claimant

Brooke North (A Firm)

Defendant

Brooke North LLP

Defendant

Procedural Posture

Summary Judgment Application and Strike Out / Interlocutory Hearing

Legal Issues

  1. 1 Whether BPC's claim has a real prospect of success on causation grounds
  2. 2 Whether Mrs Chandra can claim for losses relating to the second personal guarantee
  3. 3 Whether claims for directors' earnings and pension contributions contravene reflective loss rules

Ratio Decidendi

The court found that it cannot be sufficiently confident at this stage that the claimants will be unable to prove their case on causation; summary judgment and strike out applications are dismissed except for Mrs Chandra's claim for the second guarantee, which is struck out by consent.

Court Disposition

Defendants' applications for summary judgment and strike out dismissed except for Mrs Chandra's claim for the second guarantee, which is struck out by consent.

Orders

  • Claimants granted permission to serve and rely on amended schedule of loss.
  • Defendants ordered to pay £600 to claimants for travel and photocopying expenses within 14 days.