E Group Ltd & Anor v Baker (t/a 'Hello')

E Group Ltd & Anor v Baker (t/a 'Hello')

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

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
Civil / Ruling on 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, Unless Orders, Costs, Case Management
Civil Procedure Contract Law Disclosure Strike Out Unless Orders Costs Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

E Group Ltd.

Claimant

Vong Enterprises Limited

Claimant

Ms. Bay Baker (trading as ‘Hello’)

Defendant

Procedural Posture

Civil / Ruling on Application to Strike Out Defence and Counterclaim for Non Compliance With Unless Order

Legal Issues

  1. 1 Whether the defendant complied with the unless order regarding disclosure
  2. 2 Whether the defence and counterclaim should be struck out for non-compliance
  3. 3 Whether judgment should be entered for the claimants

Ratio Decidendi

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

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.