The Leicester Bakery (Holdings) Ltd v Ridge And Partners LLP (Rev 1)

The Leicester Bakery (Holdings) Ltd v Ridge And Partners LLP (Rev 1)

The claimant's damages claim, as pleaded and as proposed to be amended, lacked sufficient particularisation, failed to establish a plausible causal link between breach and loss, and did not have a real prospect of success. The application to amend was late, inadequately explained, and would prejudice the efficient conduct of proceedings. Summary judgment and/or strike out was granted on the damages claim.

Parties
Claimant: The Leicester Bakery (Holdings) Limited; Defendant: Ridge and Partners LLP
Jurisdiction
England and Wales
Judgment Date
11 September 2020
Procedural Posture
Civil (commercial/construction) / Interlocutory Applications: Summary Judgment, Strike Out, and Permission to Amend
Outcome
Summary judgment and/or strike out granted on the damages claim; permission to amend refused.
Legal Topics
Breach of Contract, Fiduciary Duty, Disclosure of Documents, Summary Judgment, Amendment of Pleadings, Mandatory Injunction, Loss of a Chance, Construction Disputes
Contract Law Equity and Trusts Civil Procedure Breach of Contract Fiduciary Duty Disclosure of Documents Summary Judgment Amendment of Pleadings +3 more

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Parties

The Leicester Bakery (Holdings) Limited

Claimant

Ridge and Partners LLP

Defendant

Procedural Posture

Civil (commercial/construction) / Interlocutory Applications: Summary Judgment, Strike Out, and Permission to Amend

Legal Issues

  1. 1 Whether the claimant's damages claim for breach of contract and/or fiduciary duty has real prospects of success
  2. 2 Whether permission to amend the Particulars of Claim should be granted
  3. 3 Whether summary judgment or strike out should be granted on the damages claim

Ratio Decidendi

The claimant's damages claim, as pleaded and as proposed to be amended, lacked sufficient particularisation, failed to establish a plausible causal link between breach and loss, and did not have a real prospect of success. The application to amend was late, inadequately explained, and would prejudice the efficient conduct of proceedings. Summary judgment and/or strike out was granted on the damages claim.

Court Disposition

Summary judgment and/or strike out granted on the damages claim; permission to amend refused.

Orders

  • Summary judgment and/or strike out of paragraph 10 (except first sentence), paragraphs 16.4 to 16.7, 17, 18, 20, 22, and 23 of the Particulars of Claim, and paragraphs 29 to 33 of the Reply.
  • Permission to amend the Particulars of Claim refused.