Barness & Ors v Formation Group & Ors

The claimants had not shown that the information sought was reasonably necessary and proportionate to enable them to serve their particulars of claim. The claimants were able to serve their pleading without the further information, and the orthodox approach is to require claimants to plead on the material they have, with disclosure and further case management to follow in due course. The application was therefore dismissed.

Parties: Claimant: Anthony Barness and Others; Defendant: Formation Group and Others; Claimant: Andrew Cole and Others; Defendant: Scion Ltd and Others
Jurisdiction: England and Wales
Judgment Date: 26 April 2018
Procedural Posture: Civil / Interlocutory Application for Further Information Under CPR Part 18 Prior to Service of Particulars of Claim
Outcome: Application dismissed
Legal Topics: CPR Part 18, Disclosure, Pleading Fraud, Practice Direction 18, Case Management

Civil Procedure CPR Part 18 Disclosure Pleading Fraud Practice Direction 18 Case Management

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Parties

Anthony Barness and Others

Claimant

Formation Group and Others

Defendant

Andrew Cole and Others

Claimant

Scion Ltd and Others

Defendant

Procedural Posture

Civil / Interlocutory Application for Further Information Under CPR Part 18 Prior to Service of Particulars of Claim

Legal Issues

1 Whether the court should order the defendants to provide further information under CPR Part 18 before service of particulars of claim, particularly in a case involving allegations of fraud.

Ratio Decidendi

Court Disposition

Application dismissed