Scottish & Newcastle Plc v Raguz

Scottish & Newcastle Plc v Raguz

The claimant's disclosure, though previously defective, was ultimately adequate and in good faith, and there was no persistent or contumelious breach justifying strike out or unless orders. The claimant complied with the relevant disclosure order, and the defendant's objections did not warrant the extreme sanctions sought.

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 and for unless orders dismissed.
Legal Topics
Disclosure Obligations, Strike Out Applications, Indemnity Covenants, Assignment of Lease, Summary Judgment, Pleading Requirements
Civil Procedure Landlord and Tenant Law Contract Law Disclosure Obligations Strike Out Applications Indemnity Covenants Assignment of Lease Summary Judgment +1 more

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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 persistently failed to comply with disclosure obligations and court orders justifying strike out
  2. 2 Whether unless orders should be made against the claimant for disclosure and pleading
  3. 3 Whether the claimant's conduct prejudiced the defendant's ability to plead and defend

Ratio Decidendi

The claimant's disclosure, though previously defective, was ultimately adequate and in good faith, and there was no persistent or contumelious breach justifying strike out or unless orders. The claimant complied with the relevant disclosure order, and the defendant's objections did not warrant the extreme sanctions sought.

Court Disposition

Defendant's application to strike out the claim and for unless orders dismissed.

Orders

  • Defendant's application to strike out the claim is dismissed.
  • No unless order for further disclosure is made.