Persons Identified in Schedule 1 v Standard Chartered PLC
The court refused to strike out or grant summary judgment on the Common Reliance Claims and Delay Claims, holding that the law on reliance under para. 3 and the requirements for Delay Claims under para. 5 are developing, fact-sensitive, and unsuitable for summary determination. Judicial comity does not require following Barclays in case management decisions where factual and legal uncertainties remain. Both claims will proceed to trial for determination on full evidence.
- Parties
- Claimants: Persons Identified in Schedule 1; Defendant: Standard Chartered PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 25 March 2025
- Procedural Posture
- Civil / Interlocutory Application (strike Out / Summary Judgment)
- Outcome
- Application dismissed
- Legal Topics
- Statutory Interpretation, Reliance in Securities Claims, Dishonest Delay, Strike Out and Summary Judgment, Judicial Comity
Case Brief
Summary, issues, holding and outcome
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Parties
Persons Identified in Schedule 1
Claimants
Standard Chartered PLC
Defendant
Procedural Posture
Civil / Interlocutory Application (strike Out / Summary Judgment)
Legal Issues
- 1 Whether Common Reliance Claims under para. 3 of Schedule 10A FSMA should be struck out or summarily dismissed for lack of legal merit
- 2 Whether Delay Claims under para. 5 of Schedule 10A FSMA require subsequent corrective publication to establish liability
- 3 Whether judicial comity requires following Barclays decision
Ratio Decidendi
The court refused to strike out or grant summary judgment on the Common Reliance Claims and Delay Claims, holding that the law on reliance under para. 3 and the requirements for Delay Claims under para. 5 are developing, fact-sensitive, and unsuitable for summary determination. Judicial comity does not require following Barclays in case management decisions where factual and legal uncertainties remain. Both claims will proceed to trial for determination on full evidence.
Court Disposition
Application dismissed
Orders
- Both Common Reliance Claims and Delay Claims will proceed to trial.
- Parties to review and amend pleadings as necessary.
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