Barness & Ors v Formation Group & Ors [2018] EWHC 1228 (Ch) (26 April 2018)

Barness & Ors v Formation Group & Ors [2018] EWHC 1228 (Ch) (26 April 2018)

The information sought by the claimants is not reasonably necessary or proportionate to enable them to serve their particulars of claim, as they are able to plead their case on the material already available. Part 18 should not be used to identify further defendants or claims not yet in dispute. The orthodox approach is to require the claimants to plead on the material they have and for disclosure to follow in due course.

Citation
[2018] EWHC 1228 (Ch)
Parties
Claimant: Anthony Barness and Others; Defendant: Formation Group and Others; Claimant: Andrew Cole and Others; Defendant: Scion Ltd and Others; Defendant: Scion Financial Partners Ltd
Jurisdiction
England and Wales
Judgment Date
26 April 2018
Procedural Posture
Application Under CPR Part 18 for Further Information / Pre Pleading, Before Service of Particulars of Claim
Outcome
Application dismissed
Legal Topics
CPR Part 18 Requests, Pleading Fraud, Disclosure, Practice Direction 18, Misrepresentation, Breach of Statutory Duty, Unlawful Means Conspiracy
Civil Procedure Fraud Financial Services CPR Part 18 Requests Pleading Fraud Disclosure Practice Direction 18 Misrepresentation +2 more

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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

Scion Financial Partners Ltd

Defendant

Procedural Posture

Application Under CPR Part 18 for Further Information / Pre Pleading, Before Service of Particulars of Claim

Legal Issues

  1. 1 Whether the court should order the defendants to provide information under CPR Part 18 before service of particulars of claim
  2. 2 Whether the information sought is reasonably necessary and proportionate to enable the claimants to prepare their case

Ratio Decidendi

The information sought by the claimants is not reasonably necessary or proportionate to enable them to serve their particulars of claim, as they are able to plead their case on the material already available. Part 18 should not be used to identify further defendants or claims not yet in dispute. The orthodox approach is to require the claimants to plead on the material they have and for disclosure to follow in due course.

Court Disposition

Application dismissed

Orders

  • No order for further information under CPR Part 18