Gamatronic (UK) Ltd & Anor v Hamilton & Ors

Gamatronic (UK) Ltd & Anor v Hamilton & Ors

The claimants' statement of case is seriously defective and must be struck out, but claimants are permitted to serve a new, properly pleaded statement of case; the release clause does not bar claims for concealed wrongdoing at this stage, and claimants have a real prospect of establishing claims if properly pleaded.

Parties
Claimant: Gamatronic (UK) Ltd; Claimant: Gamatronic Israel; Defendant: Robert Hamilton; Defendant: Jayne Mansfield; Defendant: Vox
Jurisdiction
England and Wales
Judgment Date
30 October 2013
Procedural Posture
Civil / Ruling on Applications to Strike Out, Summary Judgment, and Pleading Amendments
Outcome
Statement of case struck out; claimants permitted to serve new pleading.
Legal Topics
Release Agreements, Breach of Fiduciary Duty, Breach of Contract, Misuse of Confidential Information, Conspiracy, Money Had and Received, Pleading Standards, Summary Judgment, Strike Out Applications
Contract Employment Company Fiduciary Civil Procedure Release Agreements Breach of Fiduciary Duty Breach of Contract +6 more

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Parties

Gamatronic (UK) Ltd

Claimant

Gamatronic Israel

Claimant

Robert Hamilton

Defendant

Jayne Mansfield

Defendant

Vox

Defendant

Procedural Posture

Civil / Ruling on Applications to Strike Out, Summary Judgment, and Pleading Amendments

Legal Issues

  1. 1 Whether claimants are barred by release clause from pursuing claims
  2. 2 Whether statement of case should be struck out for defective pleading
  3. 3 Whether claimants should be permitted to re-plead or proceedings dismissed

Ratio Decidendi

The claimants' statement of case is seriously defective and must be struck out, but claimants are permitted to serve a new, properly pleaded statement of case; the release clause does not bar claims for concealed wrongdoing at this stage, and claimants have a real prospect of establishing claims if properly pleaded.

Court Disposition

Statement of case struck out; claimants permitted to serve new pleading.

Orders

  • Statement of case struck out.
  • Claimants permitted to serve new statement of case, verified by statement of truth.