Whessoe Oil & Gas Ltd & Anor v Dale

Whessoe Oil & Gas Ltd & Anor v Dale

The Particulars of Claim are inadequately particularised, especially as to causation and loss, and do not enable the Defendant to know the case he has to meet. However, the claim is not so incoherent or hopeless as to warrant immediate striking out. The Claimants should be given a final opportunity to provide full particulars of the breaches, losses, and causation, failing which the application to strike out may be renewed.

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
Civil / Interlocutory Application for Striking Out And/or Summary Judgment
Outcome
Application to strike out adjourned; Claimants given final opportunity to provide proper particulars
Legal Topics
Directors' Duties, Breach of Contract, Summary Judgment, Striking Out Pleadings, Particularisation of Claims, Equitable Remedies
Company Law Contract Law Civil Procedure Directors' Duties Breach of Contract Summary Judgment Striking Out Pleadings Particularisation of Claims +1 more

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Parties

Whessoe Oil and Gas Limited

Claimant

Cleveland Bridge UK Limited

Claimant

William Jon Dale

Defendant

Procedural Posture

Civil / Interlocutory Application for Striking Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the Particulars of Claim disclose reasonable grounds for bringing the claim against the Defendant for breach of contract and statutory duties as a director
  2. 2 Whether the claim should be struck out for being vague, incoherent, or embarrassing
  3. 3 Whether expert evidence is required to support the claim at this stage

Ratio Decidendi

The Particulars of Claim are inadequately particularised, especially as to causation and loss, and do not enable the Defendant to know the case he has to meet. However, the claim is not so incoherent or hopeless as to warrant immediate striking out. The Claimants should be given a final opportunity to provide full particulars of the breaches, losses, and causation, failing which the application to strike out may be renewed.

Court Disposition

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

Orders

  • Claimants must provide full particulars of breaches of duty, losses claimed, and causation, including all material facts, within four weeks of 25 June 2012.
  • Hearing re-fixed for 1 August 2012 for further consideration if particulars are not provided or are inadequate.