Advanced Control Systems Inc v Efacec Engenharia e Sistemas SA

The paragraphs sought to be struck out serve a proper purpose and are not so vague or incoherent as to warrant strike out; however, the Counterclaim lacks adequate particularisation and the defendant must replead with proper particulars to enable case management and trial.

Parties: Claimant: Advanced Control Systems, Inc; Defendant: Efacec Engenharia e Sistemas SA
Jurisdiction: England and Wales
Judgment Date: 12 February 2021
Procedural Posture: Commercial Dispute / Interlocutory Application (strike Out and Further Particulars)
Outcome: Application to strike out dismissed; application for further particulars granted.
Legal Topics: Pleading Requirements, Particularisation, Strike Out Applications, Economic Duress, Global Claims

Contract Law Civil Procedure Pleading Requirements Particularisation Strike Out Applications Economic Duress Global Claims

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Parties

Advanced Control Systems, Inc

Claimant

Efacec Engenharia e Sistemas SA

Defendant

Procedural Posture

Commercial Dispute / Interlocutory Application (strike Out and Further Particulars)

Legal Issues

1 Whether paragraphs of the Defence and Counterclaim should be struck out for lack of particularisation
2 Whether the defendant should be required to provide further particulars of its Counterclaim

Ratio Decidendi

Court Disposition

Application to strike out dismissed; application for further particulars granted.

Orders

Defendant to replead Counterclaim with appropriate particulars.
Claimant awarded costs of the application.