Windsor-Cliv & Ors v Rees [2021] EWHC 1005 (Ch) (15 April 2021)

Windsor-Cliv & Ors v Rees [2021] EWHC 1005 (Ch) (15 April 2021)

The defence and Part 20 claim are not struck out as an abuse of process or for lack of reasonable grounds, but unless Mr Rees pays the £100,000 costs order in monthly instalments of £10,000, the defence and Part 20 claim will be struck out upon default of any instalment.

Citation
[2021] EWHC 1005 (Ch)
Parties
Claimant: The Right Honourable Ivor Edward Other Windsor-Clive, Earl of Plymouth; Claimant: Lady Emma Windsor-Clive; Claimant: The Honourable David Justin Windsor-Clive; Defendant: Jenkin Thomas Rees
Jurisdiction
England and Wales
Judgment Date
15 April 2021
Procedural Posture
Possession Claim / Application to Strike Out Defence and Part 20 Claim
Outcome
Conditional strike out order
Legal Topics
Possession Proceedings, Estoppel, Arbitration, Costs Orders, Abuse of Process, Striking Out Pleadings
Property Law Agricultural Law Civil Procedure Possession Proceedings Estoppel Arbitration Costs Orders Abuse of Process +1 more

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Parties

The Right Honourable Ivor Edward Other Windsor-Clive, Earl of Plymouth

Claimant

Lady Emma Windsor-Clive

Claimant

The Honourable David Justin Windsor-Clive

Claimant

Jenkin Thomas Rees

Defendant

Procedural Posture

Possession Claim / Application to Strike Out Defence and Part 20 Claim

Legal Issues

  1. 1 Whether the defence and Part 20 claim should be struck out as an abuse of process for not being raised in prior arbitration proceedings
  2. 2 Whether the defence and Part 20 claim disclose reasonable grounds for defending the possession claim
  3. 3 Whether failure to comply with costs orders justifies striking out the defence and Part 20 claim

Ratio Decidendi

The defence and Part 20 claim are not struck out as an abuse of process or for lack of reasonable grounds, but unless Mr Rees pays the £100,000 costs order in monthly instalments of £10,000, the defence and Part 20 claim will be struck out upon default of any instalment.

Court Disposition

Conditional strike out order

Orders

  • Unless Mr Rees pays £100,000 in monthly instalments of £10,000, the defence and Part 20 claim shall stand struck out upon default of any instalment.
  • Parties to submit draft order and written submissions on consequential matters within 14 days.