J WANSTALL & SONS v FRIDAYS LIMITED

J WANSTALL & SONS v FRIDAYS LIMITED

The claimant has a realistic and strong prospect of establishing that no binding settlement agreement was concluded in June 2019 regarding the costs and losses from the salmonella outbreak, and the emails did not refer to any such dispute or compromise. Therefore, the application to strike out or for summary judgment must be dismissed.

Parties
Claimant: J Wanstall & Sons; Defendant: Fridays Limited
Jurisdiction
England and Wales
Judgment Date
02 November 2022
Procedural Posture
Civil / Interlocutory Application (strike Out and Summary Judgment)
Outcome
Defendant's application dismissed
Legal Topics
Summary Judgment, Strike Out Applications, Settlement Agreements, Interpretation of Contracts
Contract Law Civil Procedure Summary Judgment Strike Out Applications Settlement Agreements Interpretation of Contracts

Case Brief

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Parties

J Wanstall & Sons

Claimant

Fridays Limited

Defendant

Procedural Posture

Civil / Interlocutory Application (strike Out and Summary Judgment)

Legal Issues

  1. 1 Whether the claim should be struck out for disclosing no reasonable ground or as an abuse of process
  2. 2 Whether summary judgment should be granted on the basis that the claimant has no real prospect of success
  3. 3 Whether a binding settlement agreement was concluded between the parties in June 2019

Ratio Decidendi

The claimant has a realistic and strong prospect of establishing that no binding settlement agreement was concluded in June 2019 regarding the costs and losses from the salmonella outbreak, and the emails did not refer to any such dispute or compromise. Therefore, the application to strike out or for summary judgment must be dismissed.

Court Disposition

Defendant's application dismissed

Orders

  • Application to strike out the claim is dismissed
  • Application for summary judgment is dismissed