Halal Meat Sellers Committee Ltd & Anor v HMC (UK) Ltd [2020] EWHC 2190 (Comm) (10 August 2020)
The claimants' Part 8 Claim Form discloses no reasonable grounds for bringing a claim as the operation of HMC's accreditation scheme is within its charitable objects, does not constitute an unreasonable restraint of trade, and no breach of natural justice is established; the claim is struck out under CPR 3.4(2).
- Citation
- [2020] EWHC 2190 (Comm)
- Parties
- Claimant: Halal Meat Sellers Committee Limited; Claimant: Nimat Halal Food Limited; Defendant: HMC (UK) Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 10 August 2020
- Procedural Posture
- Commercial Court Application to Strike Out / Application to Strike Out Part 8 Claim Form Under CPR 3.4(2)
- Outcome
- Claim struck out
- Legal Topics
- Charitable Objects, Restraint of Trade, Natural Justice, Accreditation Schemes, Interpretation of Religious Law, Declaratory Relief, Strike Out Applications
Case Brief
Summary, issues, holding and outcome
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Parties
Halal Meat Sellers Committee Limited
Claimant
Nimat Halal Food Limited
Claimant
HMC (UK) Limited
Defendant
Procedural Posture
Commercial Court Application to Strike Out / Application to Strike Out Part 8 Claim Form Under CPR 3.4(2)
Legal Issues
- 1 Whether HMC's accreditation scheme operates outside its charitable objects
- 2 Whether the scheme constitutes an unreasonable restraint of trade
- 3 Whether there has been a breach of natural justice in the operation of the scheme
Ratio Decidendi
The claimants' Part 8 Claim Form discloses no reasonable grounds for bringing a claim as the operation of HMC's accreditation scheme is within its charitable objects, does not constitute an unreasonable restraint of trade, and no breach of natural justice is established; the claim is struck out under CPR 3.4(2).
Court Disposition
Claim struck out
Orders
- The claimants' Part 8 Claim Form is struck out under CPR 3.4(2) for disclosing no reasonable grounds for bringing the claim.
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