Bleasdale & Anor v Forster [2011] EWHC 416 (Ch) (02 March 2011)

Bleasdale & Anor v Forster [2011] EWHC 416 (Ch) (02 March 2011)

The application for summary judgment or strike out is dismissed because the claimants' case on fraudulent misrepresentation raises serious factual disputes and credibility issues that require full investigation at trial. The evidence is not so obviously lacking in merit as to justify summary disposal, and the risk of injustice from a summary determination is significant given the complexity and volume of evidence.

Citation
[2011] EWHC 416 (Ch)
Parties
Claimant: Kathleen Veronica Bleasdale; Claimant: John Cariss; Defendant: Deborah Jane Forster
Jurisdiction
England and Wales
Judgment Date
02 March 2011
Procedural Posture
Civil / Interim Application for Summary Judgment/strike Out Prior to Trial
Outcome
Application dismissed
Legal Topics
Fraudulent Misrepresentation, Breach of Contract, Summary Judgment, Shareholder Disputes, Disclosure Obligations
Civil Procedure Contract Law Tort Law Company Law Fraudulent Misrepresentation Breach of Contract Summary Judgment Shareholder Disputes +1 more

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Parties

Kathleen Veronica Bleasdale

Claimant

John Cariss

Claimant

Deborah Jane Forster

Defendant

Procedural Posture

Civil / Interim Application for Summary Judgment/strike Out Prior to Trial

Legal Issues

  1. 1 Whether the claimants' allegations of fraudulent misrepresentation should be summarily dismissed or struck out prior to trial under CPR Part 24.2 and/or CPR Part 3.4(2)
  2. 2 Whether the claimants have a real prospect of succeeding on their claims of fraudulent misrepresentation
  3. 3 Whether there is a compelling reason for the issues to proceed to trial

Ratio Decidendi

The application for summary judgment or strike out is dismissed because the claimants' case on fraudulent misrepresentation raises serious factual disputes and credibility issues that require full investigation at trial. The evidence is not so obviously lacking in merit as to justify summary disposal, and the risk of injustice from a summary determination is significant given the complexity and volume of evidence.

Court Disposition

Application dismissed

Orders

  • Defendant's application for summary judgment or strike out of the fraudulent misrepresentation allegations is refused.
  • The case will proceed to trial on all issues, including fraudulent misrepresentation.