Pradeep Morjaria & Ors v Camran Mirza & Ors

Pradeep Morjaria & Ors v Camran Mirza & Ors

The application to strike out part of the re-amended defence and counterclaim is dismissed. The defendants' inability to provide invoice-by-invoice particulars does not render their defence inherently unsustainable or bound to fail. The particulars provided, though lacking in granularity, are the best available and do not obstruct the just disposal of proceedings. Breaches of court orders occurred but do not justify the draconian sanction of strike out in the context of a multi-million pound fraud claim. No conditional order is appropriate.

Parties
Claimant: Pradeep Morjaria; Claimant: Sangita Morjaria; Claimant: Summerhill Trust Company (Isle of Man) Limited (as Trustee of the Wentworth Capital Trust); Claimant: Viper Limited; Defendant: Camran Mirza; Defendant: Tydwell Limited; Defendant: Toji John; Defendant: Saira Mirza; Defendant: Ameer Mirza; Defendant: Boomzone Limited; Defendant: Redwire DC Limited; Defendant: Otaki Holdings Limited
Jurisdiction
England and Wales
Judgment Date
10 September 2024
Procedural Posture
Civil (commercial/chancery) / Ruling on Application to Strike Out Part of Re Amended Defence and Counterclaim
Outcome
Application to strike out part of the re-amended defence and counterclaim dismissed. Extension of time for provision of second RFI response granted. Permission to rely on expert evidence granted. No conditional order imposed.
Legal Topics
Strike Out Applications, Joint Venture Disputes, Fiduciary Duties, Disclosure and Particulars, Expert Evidence, Abuse of Process, Relief From Sanctions
Commercial Law Equity and Trusts Civil Procedure Strike Out Applications Joint Venture Disputes Fiduciary Duties Disclosure and Particulars Expert Evidence +2 more

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Parties

Pradeep Morjaria

Claimant

Sangita Morjaria

Claimant

Summerhill Trust Company (Isle of Man) Limited (as Trustee of the Wentworth Capital Trust)

Claimant

Viper Limited

Claimant

Camran Mirza

Defendant

Tydwell Limited

Defendant

Toji John

Defendant

Saira Mirza

Defendant

Ameer Mirza

Defendant

Boomzone Limited

Defendant

Redwire DC Limited

Defendant

Otaki Holdings Limited

Defendant

Procedural Posture

Civil (commercial/chancery) / Ruling on Application to Strike Out Part of Re Amended Defence and Counterclaim

Legal Issues

  1. 1 Whether the defendants' fees and services defence should be struck out for lack of reasonable grounds, abuse of process, or non-compliance with court orders
  2. 2 Whether the particulars provided by the defendants are sufficient to allow the claimants to know the case they have to meet
  3. 3 Whether the defendants' inability to provide invoice-by-invoice particulars renders their defence unsustainable

Ratio Decidendi

The application to strike out part of the re-amended defence and counterclaim is dismissed. The defendants' inability to provide invoice-by-invoice particulars does not render their defence inherently unsustainable or bound to fail. The particulars provided, though lacking in granularity, are the best available and do not obstruct the just disposal of proceedings. Breaches of court orders occurred but do not justify the draconian sanction of strike out in the context of a multi-million pound fraud claim. No conditional order is appropriate.

Court Disposition

Application to strike out part of the re-amended defence and counterclaim dismissed. Extension of time for provision of second RFI response granted. Permission to rely on expert evidence granted. No conditional order imposed.

Orders

  • Application to strike out part of the re-amended defence and counterclaim dismissed
  • Extension of time for provision of second RFI response to date provided