Home Long Income Fund v Knight Frank Llp [2025] EWHC 1345 (Comm) (03 June 2025)

Home Long Income Fund v Knight Frank Llp [2025] EWHC 1345 (Comm) (03 June 2025)

The claim was not an abuse of process as the claimant could identify the essence of the claim at issue and intended to proceed. Subsequent ratification by EGM cured the authority defect. The claim form was not materially defective under CPR 16.2(1)(a). However, no further extension or stay was justified; the claimant must serve Particulars of Claim by 4 July 2025 or the claim will be struck out.

Citation
[2025] EWHC 1345 (Comm)
Parties
Claimant: Home Long Income Fund; Defendant: Knight Frank LLP
Jurisdiction
England and Wales
Judgment Date
03 June 2025
Procedural Posture
Commercial Court Claim / Interlocutory Applications (strike Out and Extension of Time)
Outcome
Strike out and stay applications dismissed; extension of time granted with unless order.
Legal Topics
Abuse of Process, Authority to Issue Proceedings, Extension of Time, Strike Out Applications, Professional Negligence, Valuation Services, Collective Investment Schemes
Civil Procedure Commercial Law Professional Negligence Abuse of Process Authority to Issue Proceedings Extension of Time Strike Out Applications Valuation Services +1 more

Case Brief

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Parties

Home Long Income Fund

Claimant

Knight Frank LLP

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Applications (strike Out and Extension of Time)

Legal Issues

  1. 1 Whether the claim form was issued as an abuse of process due to lack of a properly formulated claim at the time of issue
  2. 2 Whether the claim form was issued without proper authority and if subsequent ratification cures the defect
  3. 3 Whether the claim form fails to set out a concise statement of the nature of the claim under CPR 16.2(1)(a)

Ratio Decidendi

The claim was not an abuse of process as the claimant could identify the essence of the claim at issue and intended to proceed. Subsequent ratification by EGM cured the authority defect. The claim form was not materially defective under CPR 16.2(1)(a). However, no further extension or stay was justified; the claimant must serve Particulars of Claim by 4 July 2025 or the claim will be struck out.

Court Disposition

Strike out and stay applications dismissed; extension of time granted with unless order.

Orders

  • Strike out application dismissed
  • Stay application dismissed