Park v Hadi & Anor [2020] EWHC 2687 (QB) (12 October 2020)

Park v Hadi & Anor [2020] EWHC 2687 (QB) (12 October 2020)

The breaches of the unless order were not serious or significant, did not prejudice the Defendants, and were substantially mitigated by the circumstances. The amended claim, focusing on a share sale rather than a lease assignment, raises a real prospect of success and is not susceptible to strike out or summary...

Source-derived case information.

Citation
[2020] EWHC 2687
Parties
Claimant: Chan Mok Park; Defendant: Hassan Hadi; Defendant: Haider Jaleel Abed
Jurisdiction
England and Wales
Judgment Date
12 October 2020
Procedural Posture
Civil (contract/restitution) / Interlocutory Application (amendment, Strike Out, Summary Judgment, Relief From Sanctions)
Outcome
Permission to amend granted; strike out and summary judgment applications dismissed; relief from sanctions granted; claim may proceed subject to further directions.
Legal Topics
Share Purchase Agreements, Assignment of Lease, Relief From Sanctions, Unjust Enrichment, Economic Duress, Undue Influence, Summary Judgment, Strike Out Applications, Security for Costs
Contract Law Equity Civil Procedure Share Purchase Agreements Assignment of Lease Relief From Sanctions Unjust Enrichment Economic Duress +4 more

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Parties

Chan Mok Park

Claimant

Hassan Hadi

Defendant

Haider Jaleel Abed

Defendant

Procedural Posture

Civil (contract/restitution) / Interlocutory Application (amendment, Strike Out, Summary Judgment, Relief From Sanctions)

Legal Issues

  1. 1 Whether the claim should be struck out or summary judgment granted for failure to comply with an unless order
  2. 2 Whether permission should be granted to amend the claim form and particulars of claim
  3. 3 Whether the amended claim discloses a real prospect of success

Ratio Decidendi

The breaches of the unless order were not serious or significant, did not prejudice the Defendants, and were substantially mitigated by the circumstances. The amended claim, focusing on a share sale rather than a lease assignment, raises a real prospect of success and is not susceptible to strike out or summary judgment. Relief from sanctions is granted, permission to amend is given, and the claim may proceed subject to further provision of bank statements. No security for costs or conditional leave is ordered.

Court Disposition

Permission to amend granted; strike out and summary judgment applications dismissed; relief from sanctions granted; claim may proceed subject to further directions.

Orders

  • Permission to amend claim as per draft Amended Particulars of Claim (PC2)
  • Defendants' application for strike out and/or summary judgment dismissed