Kindred & Ors v Warhurst & Ors [2022] EWHC 1100 (Ch) (07 April 2022)

Kindred & Ors v Warhurst & Ors [2022] EWHC 1100 (Ch) (07 April 2022)

Claims by first and second claimants against second to fourth defendants are struck out except for claims arising from alleged breach of statutory duty (paragraph 7(qq)); third claimant's claims survive as he was not party to RSA; first defendant's application to be removed as a party is not granted; claimants must re-plead their case with clarity and specificity.

Citation
[2022] EWHC 1100 (Ch)
Parties
Claimant: Stephen Kindred; Claimant: Mary Kindred; Claimant: Geoffrey Peter Simcox; Defendant: Christopher Warhurst; Defendant: Paul Serjeant; Defendant: Deborah Serjeant; Defendant: Catherine Serjeant
Jurisdiction
England and Wales
Judgment Date
07 April 2022
Procedural Posture
Strike Out Application / Interlocutory Judgment
Outcome
Particulars of Claim struck out; claim permitted to proceed on limited grounds; applications partially granted.
Legal Topics
Co Ownership, Trusteeship, Settlement Agreements, Release and Covenant Not to Sue, Declaratory Relief, Specific Performance, Defamation
Property Law Trusts Contract Law Defamation Co Ownership Trusteeship Settlement Agreements Release and Covenant Not to Sue +2 more

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Parties

Stephen Kindred

Claimant

Mary Kindred

Claimant

Geoffrey Peter Simcox

Claimant

Christopher Warhurst

Defendant

Paul Serjeant

Defendant

Deborah Serjeant

Defendant

Catherine Serjeant

Defendant

Procedural Posture

Strike Out Application / Interlocutory Judgment

Legal Issues

  1. 1 Whether claims against second to fourth defendants are barred by Release and Settlement Agreement (RSA)
  2. 2 Whether first defendant should be removed as a party due to sale of share
  3. 3 Whether third claimant's share was validly forfeited under Yacht Share Syndicate Agreement (YSSA)

Ratio Decidendi

Claims by first and second claimants against second to fourth defendants are struck out except for claims arising from alleged breach of statutory duty (paragraph 7(qq)); third claimant's claims survive as he was not party to RSA; first defendant's application to be removed as a party is not granted; claimants must re-plead their case with clarity and specificity.

Court Disposition

Particulars of Claim struck out; claim permitted to proceed on limited grounds; applications partially granted.

Orders

  • Particulars of Claim struck out in entirety.
  • Claimants permitted to re-plead.