Canary Riverside Estate Management Ltd v Circus Apartments Ltd
The sole fact relied upon by the claimant—a statement by a junior employee of Bridgestreet—is equivocal and insufficient to tilt the balance and justify an inference of dishonesty. The pleaded case does not disclose a reasonable cause of action for dishonesty under CPR 3.4(2)(a).
- Parties
- Claimant: Canary Riverside Estate Management Limited; Defendant: Circus Apartments Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 06 June 2018
- Procedural Posture
- Civil / Interlocutory Application Strike Out
- Outcome
- Paragraph 9 of the reply struck out.
- Legal Topics
- Lease Breach, Alienation Clause, Pleading Requirements, Strike Out Applications, Disclosure
Case Brief
Summary, issues, holding and outcome
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Parties
Canary Riverside Estate Management Limited
Claimant
Circus Apartments Ltd
Defendant
Procedural Posture
Civil / Interlocutory Application Strike Out
Legal Issues
- 1 Whether paragraph 9 of the reply discloses a reasonable cause of action for dishonesty against the defendant
- 2 Whether the facts pleaded justify an inference of dishonesty
- 3 Whether the allegation of breach should have been pleaded in the particulars of claim
Ratio Decidendi
The sole fact relied upon by the claimant—a statement by a junior employee of Bridgestreet—is equivocal and insufficient to tilt the balance and justify an inference of dishonesty. The pleaded case does not disclose a reasonable cause of action for dishonesty under CPR 3.4(2)(a).
Court Disposition
Paragraph 9 of the reply struck out.
Orders
- Paragraph 9 of the reply is struck out under CPR 3.4(2)(a) for disclosing no reasonable cause of action.
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