Khan v Woodhead Sharpes Ltd [2023] EWHC 159 (Ch) (31 January 2023)

Khan v Woodhead Sharpes Ltd [2023] EWHC 159 (Ch) (31 January 2023)

The claim was struck out and summary judgment granted for the defendant because the particulars of claim failed to plead a viable case on causation and loss, did not comply with prior court orders, and there was no real prospect of success. The evidence did not support that the alleged breaches by the defendant caused the distressed sales or loss of equity, and claims regarding rent collection and marketing were not properly pleaded or causative of loss. The claim was also not supported by sufficient factual detail as required by the CPR and prior orders.

Citation
[2023] EWHC 159 (Ch)
Parties
Claimant: Mr Aqeel Khan; Defendant: Woodhead Sharpes Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2023
Procedural Posture
Professional Negligence Claim (property Management) / Application for Strike Out or Summary Judgment Before Trial
Outcome
Summary judgment granted for the defendant; claim struck out.
Legal Topics
Strike Out, Summary Judgment, Breach of Contract, Negligence, Illegality Defence, Restraint Orders, Confiscation Orders, Mortgagee's Duties, Causation, Pleading Requirements
Civil Procedure Professional Negligence Property Law Strike Out Summary Judgment Breach of Contract Negligence Illegality Defence +5 more

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Parties

Mr Aqeel Khan

Claimant

Woodhead Sharpes Limited

Defendant

Procedural Posture

Professional Negligence Claim (property Management) / Application for Strike Out or Summary Judgment Before Trial

Legal Issues

  1. 1 Whether the particulars of claim disclose a reasonable cause of action for breach of contract and/or negligence against the property manager
  2. 2 Whether the claim should be struck out or summary judgment granted for lack of real prospect of success
  3. 3 Whether the claim is barred by illegality due to criminal conduct

Ratio Decidendi

The claim was struck out and summary judgment granted for the defendant because the particulars of claim failed to plead a viable case on causation and loss, did not comply with prior court orders, and there was no real prospect of success. The evidence did not support that the alleged breaches by the defendant caused the distressed sales or loss of equity, and claims regarding rent collection and marketing were not properly pleaded or causative of loss. The claim was also not supported by sufficient factual detail as required by the CPR and prior orders.

Court Disposition

Summary judgment granted for the defendant; claim struck out.

Orders

  • Claim dismissed in its entirety.
  • No further opportunity to amend the particulars of claim.