E Group Ltd & Anor v Baker (t/a 'Hello') [2008] EWHC 2349 (TCC) (18 September 2008)

E Group Ltd & Anor v Baker (t/a 'Hello') [2008] EWHC 2349 (TCC) (18 September 2008)

The defendant's persistent and total failure to comply with disclosure orders and the unless order justified the automatic striking out of her defence and counterclaim, pursuant to CPR 3.1(3) and the terms of the unless order.

Citation
[2008] EWHC 2349 (TCC)
Parties
Claimant: E Group Ltd.; Claimant: Vong Enterprises Limited; Defendant: Ms. Bay Baker (trading as 'Hello')
Jurisdiction
England and Wales
Judgment Date
18 September 2008
Procedural Posture
Commercial Litigation / Application to Strike Out Defence and Counterclaim for Non Compliance With Unless Order
Outcome
Defence and counterclaim struck out; judgment entered for claimants; trial to proceed for assessment of quantum.
Legal Topics
Disclosure, Strike Out, Costs Orders, Case Management
Civil Procedure Contract Law Disclosure Strike Out Costs Orders Case Management

Case Brief

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Parties

E Group Ltd.

Claimant

Vong Enterprises Limited

Claimant

Ms. Bay Baker (trading as 'Hello')

Defendant

Procedural Posture

Commercial Litigation / Application to Strike Out Defence and Counterclaim for Non Compliance With Unless Order

Legal Issues

  1. 1 Whether the defendant failed to comply with disclosure orders
  2. 2 Whether the defence and counterclaim should be struck out for non-compliance with unless order

Ratio Decidendi

The defendant's persistent and total failure to comply with disclosure orders and the unless order justified the automatic striking out of her defence and counterclaim, pursuant to CPR 3.1(3) and the terms of the unless order.

Court Disposition

Defence and counterclaim struck out; judgment entered for claimants; trial to proceed for assessment of quantum.

Orders

  • Defence and counterclaim struck out for non-compliance with unless order.
  • Judgment entered for claimants on liability.