Failbetter Games Ltd v Kennedy [2022] EWHC 3483 (Ch) (16 December 2022)

Failbetter Games Ltd v Kennedy [2022] EWHC 3483 (Ch) (16 December 2022)

The court is not satisfied that the facts pleaded in the impugned paragraphs could never amount to a defence in law to specific performance; evidence of the defendant's state of mind and subsequent conduct of the claimant may be relevant to the court's discretion; the application to strike out or grant summary judgment is dismissed.

Citation
[2022] EWHC 3483 (Ch)
Parties
Claimant: Failbetter Games Limited; Defendant: Mr Alexis Kennedy
Jurisdiction
England and Wales
Judgment Date
16 December 2022
Procedural Posture
Commercial/chancery / Interlocutory Application (strike Out/summary Judgment)
Outcome
Application dismissed
Legal Topics
Specific Performance, Share Transfer, Discretionary Remedies, Strike Out, Summary Judgment
Contract Law Equity Company Law Specific Performance Share Transfer Discretionary Remedies Strike Out Summary Judgment

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Parties

Failbetter Games Limited

Claimant

Mr Alexis Kennedy

Defendant

Procedural Posture

Commercial/chancery / Interlocutory Application (strike Out/summary Judgment)

Legal Issues

  1. 1 Whether paragraphs 26.2, 27, and 28 of the Defence disclose reasonable grounds for defending the claim for specific performance of the Share Agreement
  2. 2 Whether summary judgment should be granted on the basis that the defendant has no real prospect of successfully defending the claim for specific performance

Ratio Decidendi

The court is not satisfied that the facts pleaded in the impugned paragraphs could never amount to a defence in law to specific performance; evidence of the defendant's state of mind and subsequent conduct of the claimant may be relevant to the court's discretion; the application to strike out or grant summary judgment is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to strike out paragraphs 26.2, 27, and 28 of the Defence is dismissed
  • Application for summary judgment on the same paragraphs is dismissed