Aqeel Khan v Woodhead Sharpes Limited

Aqeel Khan v Woodhead Sharpes Limited

The claim is struck out and summary judgment granted for the defendant because the particulars of claim do not disclose a reasonable cause of action, fail to comply with previous court orders, and there is no real prospect of success on causation or loss. The intervening appointment of receivers and lack of evidence as to causation between alleged breaches and loss mean the claim cannot succeed. Claims relating to certain properties are also defeated by the claimant's own actions or admissions. The illegality defence is not determinative except as to one property, but the claim fails on its merits and procedural grounds.

Parties
Claimant: Mr Aqeel Khan; Defendant: Woodhead Sharpes Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2023
Procedural Posture
Civil Professional Negligence / Summary Judgment/strike Out Application Before Trial
Outcome
Summary judgment for the defendant; claim struck out in its entirety.
Legal Topics
Strike Out Applications, Summary Judgment, Duties of Property Managers, Causation of Loss, Illegality Defence, Compliance With Court Orders
Civil Procedure Professional Negligence Property Law Strike Out Applications Summary Judgment Duties of Property Managers Causation of Loss Illegality Defence +1 more

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Parties

Mr Aqeel Khan

Claimant

Woodhead Sharpes Limited

Defendant

Procedural Posture

Civil Professional Negligence / Summary Judgment/strike Out Application 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 alleged criminal origins of property/equity

Ratio Decidendi

The claim is struck out and summary judgment granted for the defendant because the particulars of claim do not disclose a reasonable cause of action, fail to comply with previous court orders, and there is no real prospect of success on causation or loss. The intervening appointment of receivers and lack of evidence as to causation between alleged breaches and loss mean the claim cannot succeed. Claims relating to certain properties are also defeated by the claimant's own actions or admissions. The illegality defence is not determinative except as to one property, but the claim fails on its merits and procedural grounds.

Court Disposition

Summary judgment for the defendant; claim struck out in its entirety.

Orders

  • Summary judgment granted in favour of Woodhead Sharpes Limited.
  • Claim by Mr Aqeel Khan struck out in its entirety.