Mellor & Ors v Partridge & Anor

Mellor & Ors v Partridge & Anor

Claims against Frank Partridge are struck out as fanciful or time-barred; claims against John Partridge as PFA's assignee for contingent liabilities to third parties are struck out as fanciful or time-barred; personal and assigned claims against John Partridge for misrepresentation are struck out to the extent they...

Source-derived case information.

Parties
Claimant: The Rt. Hon. David Mellor QC; Claimant: Christopher Jemmett; Claimant: Mark Law; Defendant: John Arthur Partridge; Defendant: Frank David Peregrine Partridge
Jurisdiction
England and Wales
Judgment Date
05 July 2012
Procedural Posture
Civil / Ruling on Strike Out and Summary Judgment Applications
Outcome
Claims against Frank Partridge struck out; claims against John Partridge as PFA's assignee for contingent liabilities struck out; personal and assigned claims against John Partridge for misrepresentation struck out in part; remaining claims for loss to PFA’s reputation and restoration costs allowed to proceed.
Legal Topics
Fraudulent Misrepresentation, Breach of Fiduciary Duty, Reflective Loss, Limitation, Summary Judgment, Strike Out, Assignment of Claims
Commercial Law Company Law Tort Law Fraudulent Misrepresentation Breach of Fiduciary Duty Reflective Loss Limitation Summary Judgment +2 more

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Summary, issues, holding and outcome

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Parties

The Rt. Hon. David Mellor QC

Claimant

Christopher Jemmett

Claimant

Mark Law

Claimant

John Arthur Partridge

Defendant

Frank David Peregrine Partridge

Defendant

Procedural Posture

Civil / Ruling on Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether claims against Frank Partridge should be struck out as fanciful or time-barred
  2. 2 Whether claims against John Partridge as PFA's assignee for contingent liabilities to third parties should be struck out
  3. 3 Whether personal and assigned claims against John Partridge for misrepresentation should be struck out for lack of causation or reflective loss

Ratio Decidendi

Claims against Frank Partridge are struck out as fanciful or time-barred; claims against John Partridge as PFA's assignee for contingent liabilities to third parties are struck out as fanciful or time-barred; personal and assigned claims against John Partridge for misrepresentation are struck out to the extent they are precluded by reflective loss; balance sheet and material contracts representation claims are struck out as unsustainable due to available records and lack of real possibility of contingent liabilities; remaining claims for loss to PFA’s reputation and restoration costs are allowed to proceed to trial.

Court Disposition

Claims against Frank Partridge struck out; claims against John Partridge as PFA's assignee for contingent liabilities struck out; personal and assigned claims against John Partridge for misrepresentation struck out in part; remaining claims for loss to PFA’s reputation and restoration costs allowed to proceed.

Orders

  • Strike out all claims against Frank Partridge.
  • Strike out all claims as PFA's assignee against John Partridge for contingent liabilities to third parties.