Smith v Baker [2022] EWHC 2176 (QB) (17 August 2022)

Smith v Baker [2022] EWHC 2176 (QB) (17 August 2022)

Ms Baker's repeated failure to comply with pleading requirements, lack of adequate medical evidence, and inability to produce a coherent case render her counterclaim hopeless; striking out and summary judgment are just and proportionate.

Citation
[2022] EWHC 2176
Parties
Claimant: Samuel Collingwood Smith; Defendant: Esther Ruth Baker
Jurisdiction
England and Wales
Judgment Date
17 August 2022
Procedural Posture
Counterclaim / Judgment on Strike Out and Summary Judgment Applications
Outcome
Counterclaim struck out; summary judgment entered against Ms Baker; relief from sanctions refused; costs awarded to Mr Smith.
Legal Topics
Relief From Sanctions, Strike Out, Summary Judgment, Pleading Requirements, Practice Direction 53 B, Costs Assessment
Defamation Harassment Civil Procedure Relief From Sanctions Strike Out Summary Judgment Pleading Requirements Practice Direction 53 B +1 more

Case Brief

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Parties

Samuel Collingwood Smith

Claimant

Esther Ruth Baker

Defendant

Procedural Posture

Counterclaim / Judgment on Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether Ms Baker should be granted relief from sanctions for late and incomplete pleadings
  2. 2 Whether Ms Baker's counterclaim should be struck out or summary judgment entered against her
  3. 3 Compliance with Practice Direction 53B and Griffiths Order

Ratio Decidendi

Ms Baker's repeated failure to comply with pleading requirements, lack of adequate medical evidence, and inability to produce a coherent case render her counterclaim hopeless; striking out and summary judgment are just and proportionate.

Court Disposition

Counterclaim struck out; summary judgment entered against Ms Baker; relief from sanctions refused; costs awarded to Mr Smith.

Orders

  • Strike out of Amended Counterclaim
  • Refusal of relief from sanctions