Smith v Baker (Rev 1)

Smith v Baker (Rev 1)

The application for summary judgment or strike out is dismissed except for specific paragraphs in the defence and counterclaim which are struck out for failing to comply with rules or for being impermissible collateral attacks on previous judgments. The defendant is required to amend her defence and counterclaim to comply with Practice Direction 53B and CPR. No unless order is made, but substantial breaches in amended pleadings may result in strike out.

Parties
Claimant: Samuel Collingwood Smith; Defendant: Esther Ruth Baker
Jurisdiction
England and Wales
Judgment Date
20 October 2020
Procedural Posture
Civil / Interlocutory Application for Strike Out and Summary Judgment
Outcome
Application for summary judgment and strike out dismissed except for specified paragraphs; defendant required to amend defence and counterclaim.
Legal Topics
Pleadings, Abuse of Process, Summary Judgment, Strike Out, Res Judicata, Henderson V Henderson Rule, Serious Harm, Malice, Public Interest, Honest Opinion, Qualified Privilege
Defamation Harassment Civil Procedure Pleadings Abuse of Process Summary Judgment Strike Out Res Judicata +6 more

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Parties

Samuel Collingwood Smith

Claimant

Esther Ruth Baker

Defendant

Procedural Posture

Civil / Interlocutory Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether the defence and counterclaim should be struck out for abuse of process or res judicata
  2. 2 Whether summary judgment should be granted on the claim or counterclaim
  3. 3 Whether the pleadings comply with Practice Direction 53B and CPR

Ratio Decidendi

The application for summary judgment or strike out is dismissed except for specific paragraphs in the defence and counterclaim which are struck out for failing to comply with rules or for being impermissible collateral attacks on previous judgments. The defendant is required to amend her defence and counterclaim to comply with Practice Direction 53B and CPR. No unless order is made, but substantial breaches in amended pleadings may result in strike out.

Court Disposition

Application for summary judgment and strike out dismissed except for specified paragraphs; defendant required to amend defence and counterclaim.

Orders

  • Paragraph 14 of the defence and paragraphs 41, 52(vii), 64 and 65 of the counterclaim are struck out.
  • Defendant required to amend defence and counterclaim to comply with rules.