Instituto De Salud Para El Bienestar v Viva Enterprises Ltd & Anor [2023] EWHC 3377 (Ch) (20 December 2023)

Instituto De Salud Para El Bienestar v Viva Enterprises Ltd & Anor [2023] EWHC 3377 (Ch) (20 December 2023)

The court found that the claimant's case has real prospects of success on both the fraud/misrepresentation and cover-up allegations. The evidence is incomplete, disclosure is outstanding, and the factual disputes are complex and fact-sensitive. The defendants' application for summary judgment or strike out amounts to an invitation for a quasi-trial, which is inappropriate at this stage. The pleadings are sufficient, and the case should proceed to trial for full evaluation of evidence and witness credibility.

Citation
[2023] EWHC 3377 (Ch)
Parties
Claimant: Instituto de Salud Para El Bienestar; Defendant: Viva Enterprises Limited; Defendant: Robert George Dangoor; Proposed Substituted Claimant: Servicios de Salud del Instituto Mexicano del Seguro Social Para El Bienestar
Jurisdiction
England and Wales
Judgment Date
20 December 2023
Procedural Posture
Strike Out and Summary Judgment Application / Pre Trial, Summary Judgment Hearing
Outcome
application dismissed
Legal Topics
Summary Judgment, Strike Out, Fraud, Misrepresentation, Breach of Contract, Restitution, Proprietary Claims
Commercial Law Contract Law Civil Procedure Summary Judgment Strike Out Fraud Misrepresentation Breach of Contract +2 more

Case Brief

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Parties

Instituto de Salud Para El Bienestar

Claimant

Viva Enterprises Limited

Defendant

Robert George Dangoor

Defendant

Servicios de Salud del Instituto Mexicano del Seguro Social Para El Bienestar

Proposed Substituted Claimant

Procedural Posture

Strike Out and Summary Judgment Application / Pre Trial, Summary Judgment Hearing

Legal Issues

  1. 1 Whether the claimant has a real prospect of success on claims for fraud, misrepresentation, breach of contract, and restitution
  2. 2 Whether the defendants' application for summary judgment or strike out should be granted
  3. 3 Whether the cover-up allegations are properly pleaded

Ratio Decidendi

The court found that the claimant's case has real prospects of success on both the fraud/misrepresentation and cover-up allegations. The evidence is incomplete, disclosure is outstanding, and the factual disputes are complex and fact-sensitive. The defendants' application for summary judgment or strike out amounts to an invitation for a quasi-trial, which is inappropriate at this stage. The pleadings are sufficient, and the case should proceed to trial for full evaluation of evidence and witness credibility.

Court Disposition

application dismissed

Orders

  • Defendants' application for summary judgment and strike out is dismissed, except for adjourned parts.
  • Case to proceed to trial.