Devon and Cornwall Autistic Community Trust v The Cornwall Council

Devon and Cornwall Autistic Community Trust v The Cornwall Council

The claimant failed to comply with three successive court orders regarding the provision of particulars, and the particulars provided were inadequate and amounted to an abuse of process. The evidence adduced by the claimant did not support the pleaded case and gave no real prospect of success. Therefore, the statement of case was struck out and summary judgment was entered for the defendant.

Parties
Claimant: Devon and Cornwall Autistic Community Trust; Defendant: The Cornwall Council
Jurisdiction
England and Wales
Judgment Date
24 February 2015
Procedural Posture
Civil Contract / Application to Strike Out And/or Summary Judgment Prior to Trial
Outcome
Claim dismissed; summary judgment for defendant; claimant's statement of case struck out.
Legal Topics
Breach of Contract, Restitution, Summary Judgment, Strike Out Applications, Quantum Meruit, Civil Procedure Rules Compliance
Contract Law Civil Procedure Breach of Contract Restitution Summary Judgment Strike Out Applications Quantum Meruit Civil Procedure Rules Compliance

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Parties

Devon and Cornwall Autistic Community Trust

Claimant

The Cornwall Council

Defendant

Procedural Posture

Civil Contract / Application to Strike Out And/or Summary Judgment Prior to Trial

Legal Issues

  1. 1 Whether the claimant's statement of case should be struck out for failure to comply with court orders and/or as an abuse of process
  2. 2 Whether summary judgment should be entered for the defendant on the basis that the claimant has no real prospect of success

Ratio Decidendi

The claimant failed to comply with three successive court orders regarding the provision of particulars, and the particulars provided were inadequate and amounted to an abuse of process. The evidence adduced by the claimant did not support the pleaded case and gave no real prospect of success. Therefore, the statement of case was struck out and summary judgment was entered for the defendant.

Court Disposition

Claim dismissed; summary judgment for defendant; claimant's statement of case struck out.

Orders

  • Claimant's statement of case struck out under CPR 3.4(2)(b) and (c)
  • Summary judgment entered for the defendant under CPR 24.2