English, Welsh & Scottish Railway Ltd v Goodman

English, Welsh & Scottish Railway Ltd v Goodman

The claim was struck out because it was pleaded in a vague and non-specific manner, lacked evidential foundation for key heads of claim, and amounted to an abuse of the court's process by being oppressive and unfocused, preventing the defendant from preparing a proper defence.

Parties
Claimant: English, Welsh & Scottish Railway Limited; Defendant: Michael Goodman
Jurisdiction
England and Wales
Judgment Date
09 May 2007
Procedural Posture
Civil / Application to Strike Out Claim
Outcome
claim struck out
Legal Topics
Pleadings, Abuse of Process, Restrictive Covenants, Confidential Information, Costs
Employment Commercial Pleadings Abuse of Process Restrictive Covenants Confidential Information Costs

Case Brief

Summary, issues, holding and outcome

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Parties

English, Welsh & Scottish Railway Limited

Claimant

Michael Goodman

Defendant

Procedural Posture

Civil / Application to Strike Out Claim

Legal Issues

  1. 1 Whether the claimant's pleadings are sufficiently particularised
  2. 2 Whether the claim constitutes an abuse of process
  3. 3 Whether the defendant wrongfully encouraged employees to join a competitor

Ratio Decidendi

The claim was struck out because it was pleaded in a vague and non-specific manner, lacked evidential foundation for key heads of claim, and amounted to an abuse of the court's process by being oppressive and unfocused, preventing the defendant from preparing a proper defence.

Court Disposition

claim struck out

Orders

  • Judgment for the defendant on the claim
  • Claimant to pay defendant's costs on an indemnity basis