Park v Hadi & Anor

Park v Hadi & Anor

The claim should not be struck out nor summary judgment entered for the defendants because the amended claim, focusing on the sale of shares rather than an interest in land, raises a real prospect of success. Relief from sanctions is granted due to substantial compliance and mitigating circumstances. Permission to amend is granted. The outstanding costs orders and security for costs are not made preconditions for proceeding, subject to further information about the claimant's means.

Parties
Claimant: Chan Mok Park; Defendant: Hassan Hadi; Defendant: Haider Jaleel Abed
Jurisdiction
England and Wales
Judgment Date
12 October 2020
Procedural Posture
Civil / Interlocutory Application (strike Out/summary Judgment, Permission to Amend, Relief From Sanctions)
Outcome
Permission to amend granted; strike out and summary judgment applications dismissed; relief from sanctions granted; no order for security for costs; no default judgment on counterclaim.
Legal Topics
Amendment of Pleadings, Relief From Sanctions, Summary Judgment, Strike Out, Unjust Enrichment, Economic Duress, Undue Influence, Security for Costs
Contract Law Civil Procedure Equity Amendment of Pleadings Relief From Sanctions Summary Judgment Strike Out Unjust Enrichment +3 more

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Parties

Chan Mok Park

Claimant

Hassan Hadi

Defendant

Haider Jaleel Abed

Defendant

Procedural Posture

Civil / Interlocutory Application (strike Out/summary Judgment, Permission to Amend, Relief From Sanctions)

Legal Issues

  1. 1 Whether the claim should be struck out or summary judgment entered for the defendants
  2. 2 Whether the claimant should be granted permission to amend the claim and particulars of claim
  3. 3 Whether relief from sanctions should be granted for non-compliance with an unless order

Ratio Decidendi

The claim should not be struck out nor summary judgment entered for the defendants because the amended claim, focusing on the sale of shares rather than an interest in land, raises a real prospect of success. Relief from sanctions is granted due to substantial compliance and mitigating circumstances. Permission to amend is granted. The outstanding costs orders and security for costs are not made preconditions for proceeding, subject to further information about the claimant's means.

Court Disposition

Permission to amend granted; strike out and summary judgment applications dismissed; relief from sanctions granted; no order for security for costs; no default judgment on counterclaim.

Orders

  • Permission to amend claim and particulars of claim as per draft PC2.
  • Defendants' applications for strike out and/or summary judgment dismissed.