Ames & Anor v Davies & Ors

Ames & Anor v Davies & Ors

The claimants' case discloses no real prospect of success in misrepresentation, repudiatory breach, confidentiality, or delivery up claims; the evidence and pleadings are insufficient, the claimants affirmed the agreement, and no compelling reason exists for trial. Summary judgment is granted for the defendants on the whole claim.

Parties
Claimant: David Ames; Claimant: Carol Ames; Defendant: Conrad Davies; Defendant: 22 Others (Davies Group)
Jurisdiction
England and Wales
Judgment Date
19 February 2016
Procedural Posture
Civil / Summary Judgment / Strike Out Application
Outcome
summary judgment for defendants; claim struck out
Legal Topics
Settlement Agreements, Fraudulent Misrepresentation, Repudiatory Breach, Confidentiality, Summary Judgment, Strike Out, Abuse of Process
Contract Law Civil Procedure Settlement Agreements Fraudulent Misrepresentation Repudiatory Breach Confidentiality Summary Judgment Strike Out +1 more

Case Brief

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Parties

David Ames

Claimant

Carol Ames

Claimant

Conrad Davies

Defendant

22 Others (Davies Group)

Defendant

Procedural Posture

Civil / Summary Judgment / Strike Out Application

Legal Issues

  1. 1 Whether the claimants are entitled to rescind the settlement agreement for alleged fraudulent misrepresentation
  2. 2 Whether the defendants are in repudiatory breach of the settlement agreement entitling claimants to terminate
  3. 3 Whether the claimants are entitled to delivery up of documentation under the agreement

Ratio Decidendi

The claimants' case discloses no real prospect of success in misrepresentation, repudiatory breach, confidentiality, or delivery up claims; the evidence and pleadings are insufficient, the claimants affirmed the agreement, and no compelling reason exists for trial. Summary judgment is granted for the defendants on the whole claim.

Court Disposition

summary judgment for defendants; claim struck out

Orders

  • Summary judgment entered for the Davies Group on the whole claim
  • Claim struck out under CPR 3.4(2)