Peter Gaisiance v DVSA & Anor

Peter Gaisiance v DVSA & Anor

The claim is confined to breach of contract against the named defendants regarding failed driving theory tests; all claims relating to unspecified third parties or other wrongs, and the £20 million damages claim, are struck out as disclosing no reasonable grounds and being abusive. The application for an interim injunction is struck out as no substantive claim for an injunction is pleaded. The remaining claim is transferred to the county court as it falls below the High Court threshold.

Parties
Claimant: Peter Gaisiance; Defendant: DVSA; Defendant: Reed in Partnership Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Civil (contract) / Application to Set Aside/vary Orders; Consideration of Stay, Strike Out, and Transfer
Outcome
Application to set aside/vary previous orders refused in substance; claims relating to third parties and £20 million damages struck out; application for interim injunction struck out; claim transferred to county court; stay lifted and claim form to be released for service.
Legal Topics
Breach of Contract, Abuse of Process, Case Management, Jurisdiction and Transfer, Quantum of Damages, Injunctions
Contract Law Civil Procedure Breach of Contract Abuse of Process Case Management Jurisdiction and Transfer Quantum of Damages Injunctions

Case Brief

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Parties

Peter Gaisiance

Claimant

DVSA

Defendant

Reed in Partnership Limited

Defendant

Procedural Posture

Civil (contract) / Application to Set Aside/vary Orders; Consideration of Stay, Strike Out, and Transfer

Legal Issues

  1. 1 Whether the claim discloses reasonable grounds against the defendants for breach of contract regarding failed driving theory tests
  2. 2 Whether claims relating to unspecified third parties or other wrongs are an abuse of process
  3. 3 Whether the quantum of £20 million for loss of career is reasonable or abusive

Ratio Decidendi

The claim is confined to breach of contract against the named defendants regarding failed driving theory tests; all claims relating to unspecified third parties or other wrongs, and the £20 million damages claim, are struck out as disclosing no reasonable grounds and being abusive. The application for an interim injunction is struck out as no substantive claim for an injunction is pleaded. The remaining claim is transferred to the county court as it falls below the High Court threshold.

Court Disposition

Application to set aside/vary previous orders refused in substance; claims relating to third parties and £20 million damages struck out; application for interim injunction struck out; claim transferred to county court; stay lifted and claim form to be released for service.

Orders

  • Strike out application for interim injunction
  • Strike out all claims except breach of contract against the defendants regarding failed driving theory tests