Golden Age Models Ltd & Anor v Santander Bank Plc [2021] EWHC 2134 (Comm) (29 July 2021)

Golden Age Models Ltd & Anor v Santander Bank Plc [2021] EWHC 2134 (Comm) (29 July 2021)

The Claimants committed serious and substantial breaches of paragraphs 1 and 2 of the Ambrose Order by failing to conduct reasonable and proportionate searches for relevant documents and failing to provide an adequate witness statement. The automatic strike out sanction in the Ambrose Order is engaged. Relief from sanctions is refused as the breaches are serious, not properly explained, and there are no circumstances justifying relief.

Citation
[2021] EWHC 2134 (Comm)
Parties
Claimant: Golden Age Models Limited; Claimant: Mr Quentin Poore; Defendant: Santander Bank PLC
Jurisdiction
England and Wales
Judgment Date
29 July 2021
Procedural Posture
Commercial Claim (mis Sale of Government Backed Lending, Misrepresentation, Breach of Contract, Breach of Duty) / Application by Defendant for Strike Out and Dismissal Following Non Compliance With Unless Order
Outcome
Claim dismissed; Particulars of Claim and Reply struck out; relief from sanctions refused.
Legal Topics
Disclosure Obligations, Relief From Sanctions, Unless Orders, Misrepresentation, Breach of Contract, Breach of Duty, Expert Evidence, Costs Orders
Civil Procedure Banking and Finance Contract Law Disclosure Obligations Relief From Sanctions Unless Orders Misrepresentation Breach of Contract +3 more

Case Brief

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Parties

Golden Age Models Limited

Claimant

Mr Quentin Poore

Claimant

Santander Bank PLC

Defendant

Procedural Posture

Commercial Claim (mis Sale of Government Backed Lending, Misrepresentation, Breach of Contract, Breach of Duty) / Application by Defendant for Strike Out and Dismissal Following Non Compliance With Unless Order

Legal Issues

  1. 1 Whether the Claimants complied with paragraphs 1 and 2 of the Ambrose Order regarding disclosure and witness statement requirements
  2. 2 Whether the automatic strike out sanction in the Ambrose Order is engaged
  3. 3 Whether relief from sanctions should be granted to the Claimants

Ratio Decidendi

The Claimants committed serious and substantial breaches of paragraphs 1 and 2 of the Ambrose Order by failing to conduct reasonable and proportionate searches for relevant documents and failing to provide an adequate witness statement. The automatic strike out sanction in the Ambrose Order is engaged. Relief from sanctions is refused as the breaches are serious, not properly explained, and there are no circumstances justifying relief.

Court Disposition

Claim dismissed; Particulars of Claim and Reply struck out; relief from sanctions refused.

Orders

  • Claimants' Particulars of Claim and Reply struck out and claim dismissed pursuant to paragraph 4 of the Ambrose Order.
  • Defendant's counterclaim stayed for two months to allow for ADR.