Whessoe Oil & Gas Ltd & Anor v Dale [2012] EWHC 1788 (TCC) (29 June 2012)

Whessoe Oil & Gas Ltd & Anor v Dale [2012] EWHC 1788 (TCC) (29 June 2012)

The Particulars of Claim are inadequately particularised, especially regarding causation and loss, but the claim is not incoherent or obviously ill-founded. The Claimants are given a final opportunity to provide full particulars of breaches, losses, and causation before the application to strike out is determined.

Citation
[2012] EWHC 1788 (TCC)
Parties
Claimant: Whessoe Oil and Gas Limited; Claimant: Cleveland Bridge UK Limited; Defendant: William Jon Dale
Jurisdiction
England and Wales
Judgment Date
29 June 2012
Procedural Posture
Strike Out Application and Summary Judgment / Interlocutory Hearing
Outcome
Application to strike out adjourned; Claimants given final opportunity to provide particulars.
Legal Topics
Directors' Duties, Breach of Contract, Pleading Requirements, Summary Judgment, Strike Out Applications
Company Law Contract Law Civil Procedure Directors' Duties Breach of Contract Pleading Requirements Summary Judgment Strike Out Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Whessoe Oil and Gas Limited

Claimant

Cleveland Bridge UK Limited

Claimant

William Jon Dale

Defendant

Procedural Posture

Strike Out Application and Summary Judgment / Interlocutory Hearing

Legal Issues

  1. 1 Whether the Particulars of Claim disclose reasonable grounds for bringing the claim
  2. 2 Whether the claim is inadequately particularised and should be struck out
  3. 3 Whether expert evidence is required to support allegations of breach of duty

Ratio Decidendi

The Particulars of Claim are inadequately particularised, especially regarding causation and loss, but the claim is not incoherent or obviously ill-founded. The Claimants are given a final opportunity to provide full particulars of breaches, losses, and causation before the application to strike out is determined.

Court Disposition

Application to strike out adjourned; Claimants given final opportunity to provide particulars.

Orders

  • Claimants must provide full particulars of breaches, losses, and causation within four weeks of 25 June 2012.
  • Hearing re-fixed for 1 August 2012 for further determination or directions.