Scottish & Newcastle Plc v Raguz [2004] EWHC 1835 (Ch) (27 July 2004)

Scottish & Newcastle Plc v Raguz [2004] EWHC 1835 (Ch) (27 July 2004)

The claimant has complied with the disclosure ordered by Mr Gaunt QC; defects in earlier disclosure have been cured. There is no sufficient basis for striking out the claim or making unless orders. The defendant's objections do not warrant the extreme sanction sought.

Citation
[2004] EWHC 1835 (Ch)
Parties
Claimant: Scottish & Newcastle PLC; Defendant: Zeljko Stephen Raguz
Jurisdiction
England and Wales
Judgment Date
27 July 2004
Procedural Posture
Civil / Interlocutory Application—strike Out and Unless Orders
Outcome
Defendant's application to strike out the claim dismissed; no unless orders granted.
Legal Topics
Disclosure, Strike Out, Indemnity Covenants, Summary Judgment
Civil Procedure Landlord and Tenant Disclosure Strike Out Indemnity Covenants Summary Judgment

Case Brief

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Parties

Scottish & Newcastle PLC

Claimant

Zeljko Stephen Raguz

Defendant

Procedural Posture

Civil / Interlocutory Application—strike Out and Unless Orders

Legal Issues

  1. 1 Whether the claimant's claim should be struck out for alleged persistent failure to comply with disclosure obligations and court orders
  2. 2 Whether unless orders should be made against the claimant for further disclosure and pleading
  3. 3 Whether the claimant complied with the disclosure ordered by Mr Gaunt QC

Ratio Decidendi

The claimant has complied with the disclosure ordered by Mr Gaunt QC; defects in earlier disclosure have been cured. There is no sufficient basis for striking out the claim or making unless orders. The defendant's objections do not warrant the extreme sanction sought.

Court Disposition

Defendant's application to strike out the claim dismissed; no unless orders granted.

Orders

  • Defendant to re-amend his defence; directions to be given at formal handing down of judgment.