Willers v Joyce & Anor Re: Gubay, Deceased

Willers v Joyce & Anor Re: Gubay, Deceased

The court declined to strike out the challenged paragraphs of the Particulars of Claim, holding that the Claimant is entitled to plead his case on a wider basis regarding control and malice, and that the application was not sufficiently egregious or obstructive to warrant striking out at this stage. The damages claims are not statute barred, and overlapping claims in different jurisdictions are permissible as they arise from different causes of action. The application was not an abuse of process but was close to being oppressive given the procedural history.

Parties
Claimant: Peter Willers; Defendant: Elena Joyce; Defendant: John Nugent
Jurisdiction
England and Wales
Judgment Date
23 May 2017
Procedural Posture
Civil / Interlocutory Application for Strike Out and Summary Judgment
Outcome
Application to strike out and for summary judgment dismissed.
Legal Topics
Malicious Prosecution, Abuse of Process, Case Management, Pleadings, Limitation
Tort Civil Procedure Malicious Prosecution Abuse of Process Case Management Pleadings Limitation

Case Brief

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Parties

Peter Willers

Claimant

Elena Joyce

Defendant

John Nugent

Defendant

Procedural Posture

Civil / Interlocutory Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether paragraphs of the Re-Re-Amended Particulars of Claim should be struck out for irrelevance or prolixity
  2. 2 Whether summary judgment should be granted on specific damages claims
  3. 3 Whether the application is an abuse of process

Ratio Decidendi

The court declined to strike out the challenged paragraphs of the Particulars of Claim, holding that the Claimant is entitled to plead his case on a wider basis regarding control and malice, and that the application was not sufficiently egregious or obstructive to warrant striking out at this stage. The damages claims are not statute barred, and overlapping claims in different jurisdictions are permissible as they arise from different causes of action. The application was not an abuse of process but was close to being oppressive given the procedural history.

Court Disposition

Application to strike out and for summary judgment dismissed.

Orders

  • Directions for case management and trial to be given after judgment.