Towler v Wills

Towler v Wills

The Amended Particulars of Claim and Further Information were unreasonably vague and incoherent, constituting an abuse of process and obstructing the just disposal of the case. The losses claimed were reflective of company losses and not recoverable by the claimant. The draft Re-Amended Particulars of Claim remained insufficiently particularised and failed to allege the necessary factual elements. The claim was struck out and permission to amend refused.

Parties
Claimant: David Towler; Defendant: Dr. Julian Wills
Jurisdiction
England and Wales
Judgment Date
27 May 2010
Procedural Posture
Civil Commercial / Strike Out Application and Application to Amend Pleadings
Outcome
Claim struck out; permission to amend refused; costs awarded to defendant on indemnity basis
Legal Topics
Shareholders Agreement, Strike Out of Pleadings, Reflective Loss, Costs Assessment, Amendment of Pleadings
Contract Law Company Law Civil Procedure Shareholders Agreement Strike Out of Pleadings Reflective Loss Costs Assessment Amendment of Pleadings

Case Brief

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Parties

David Towler

Claimant

Dr. Julian Wills

Defendant

Procedural Posture

Civil Commercial / Strike Out Application and Application to Amend Pleadings

Legal Issues

  1. 1 Whether the Amended Particulars of Claim and Further Information are unreasonably vague or incoherent and should be struck out
  2. 2 Whether the losses claimed are recoverable by the claimant or are reflective of losses suffered by the company
  3. 3 Whether permission to re-amend the Particulars of Claim should be granted

Ratio Decidendi

The Amended Particulars of Claim and Further Information were unreasonably vague and incoherent, constituting an abuse of process and obstructing the just disposal of the case. The losses claimed were reflective of company losses and not recoverable by the claimant. The draft Re-Amended Particulars of Claim remained insufficiently particularised and failed to allege the necessary factual elements. The claim was struck out and permission to amend refused.

Court Disposition

Claim struck out; permission to amend refused; costs awarded to defendant on indemnity basis

Orders

  • Claim struck out in its entirety
  • Permission to amend/refile refused