Bleasdale & Anor v Forster

Bleasdale & Anor v Forster

The claimants' case on fraudulent misrepresentation is not so obviously lacking in merit that it can safely be dismissed at this stage; the factual disputes and credibility issues require resolution at trial, not by summary judgment.

Parties
Claimant: Kathleen Veronica Bleasdale; Claimant: John Cariss; Defendant: Deborah Jane Forster
Jurisdiction
England and Wales
Judgment Date
02 March 2011
Procedural Posture
Civil / Ruling on Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Fraudulent Misrepresentation, Breach of Contract, Summary Judgment, Shareholder Disputes
Fraud Contract Company Law Fraudulent Misrepresentation Breach of Contract Summary Judgment Shareholder Disputes

Case Brief

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Parties

Kathleen Veronica Bleasdale

Claimant

John Cariss

Claimant

Deborah Jane Forster

Defendant

Procedural Posture

Civil / Ruling on Summary Judgment Application

Legal Issues

  1. 1 Whether claimants have a real prospect of succeeding on claims of fraudulent misrepresentation
  2. 2 Whether allegations of fraudulent misrepresentation should be struck out
  3. 3 Whether summary judgment is appropriate given the factual complexity

Ratio Decidendi

The claimants' case on fraudulent misrepresentation is not so obviously lacking in merit that it can safely be dismissed at this stage; the factual disputes and credibility issues require resolution at trial, not by summary judgment.

Court Disposition

Application for summary judgment dismissed

Orders

  • The case will proceed to trial on all issues including fraudulent misrepresentation