English, Welsh & Scottish Railway Ltd v Goodman [2007] EWHC 3463 (QB) (09 May 2007)

The claimant's pleadings were vague, unfocused, and lacked sufficient particularity, making it impossible for the defendant to know the case to meet. The claims for damages and injunctive relief were unsupported by evidence, and the manner of litigation was oppressive and amounted to an abuse of process. The whole claim was struck out.

Citation: [2007] EWHC 3463
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: Strike Out, Pleadings, Abuse of Process, Restrictive Covenants, Confidential Information, Costs

Employment Commercial Civil Procedure Strike Out Pleadings Abuse of Process Restrictive Covenants Confidential Information +1 more

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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 Whether the claimant's pleadings are sufficiently particularised to allow the defendant to prepare a defence
2 Whether the claim constitutes an abuse of process
3 Whether the claims for damages and injunctive relief are supported by evidence

Ratio Decidendi

Court Disposition

claim struck out

Orders

Judgment for the defendant on the claim
Claimant to pay defendant's costs on an indemnity basis, including reserved costs relating to hearings before Judge Seymour