Burki v Seventy Thirty Ltd & Ors
The claimant's evidence, including her witness statement and the context of the representations, provides a sufficient evidential foundation for the pleaded Membership and Profiles Representations. Therefore, the claimant has a realistic prospect of success and the application for summary judgment or strike out is dismissed.
- Parties
- Claimant: Tereza Burki; Defendant: Seventy Thirty Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 21 June 2018
- Procedural Posture
- Civil / Interlocutory Application for Summary Judgment/strike Out
- Outcome
- Application dismissed
- Legal Topics
- Misrepresentation, Deceit, Summary Judgment, Strike Out, Defamation, Malicious Falsehood
Case Brief
Summary, issues, holding and outcome
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Parties
Tereza Burki
Claimant
Seventy Thirty Limited
Defendant
Procedural Posture
Civil / Interlocutory Application for Summary Judgment/strike Out
Legal Issues
- 1 Whether the pleaded Membership Representations and Profiles Representations are supported by sufficient evidence to proceed to trial
- 2 Whether summary judgment or strike out should be granted against the claimant on these representations
Ratio Decidendi
The claimant's evidence, including her witness statement and the context of the representations, provides a sufficient evidential foundation for the pleaded Membership and Profiles Representations. Therefore, the claimant has a realistic prospect of success and the application for summary judgment or strike out is dismissed.
Court Disposition
Application dismissed
Orders
- 70/30’s application for summary judgment in respect of the Membership Representations and the Profiles Representations is dismissed.
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