England and Wales Case Law

Jin Gumbrell v YPG Pembroke Studios Ltd

The claimant sufficiently complied with the unless order by supplementing the claim form with the required documents; the order was not clear enough to require a fresh standalone particulars of claim. The court and parties proceeded as if the claim was live, and the judge who made the order accepted compliance. The claim was not struck out and the appeal is allowed.

Source excerpt

• Unless orders
• Compliance with civil procedure rules
• Particulars of claim
• Relief from sanctions
• Part 36 offers
• Effect of winding up orders

Read case analysis

Gumbrell v YPG Pembroke Studios Ltd

Gumbrell v YPG Pembroke Studios Ltd [2026] EWCA Civ 44 (04 February 2026)

The Court of Appeal held that a litigant in person had sufficiently complied with an order to file particulars of claim, so the claim was not struck out.

• Compliance with unless orders
• Particulars of claim
• Relief from sanctions
• Part 36 offers
• Litigant in person procedure
• Insolvency moratorium

Read case analysis

Mohamedalmas Adam v Safvan Ayub Adam

The court found that the alleged inconsistencies in the Claimant's description of the 2023 Agreement were not so serious as to render the case abusive or unintelligible; the pleading, though less detailed than desired, was coherent and not in breach of rules. The reference to repudiatory breach did not allege automatic dissolution and was not misleading. The requests for further information were not reasonably necessary or proportionate to enable the Defendant to prepare his case, and no court order was warranted.

Source excerpt

• Strike out applications
• Particulars of claim
• Oral agreements
• Repudiatory breach
• Further information requests
• Intellectual property in partnerships

Read case analysis

Artcrafts International SpA v Mou Limited

The defendant was required by the order to provide full particulars of alleged breaches, not merely examples or vague references to future witness statements; compliance with the order and proper case management necessitate clear identification of the main events and causation of loss.

Source excerpt

• Case management
• Disclosure
• Particulars of claim
• Relational contracts
• Compliance with court orders

Read case analysis

Adam v Adam

Adam v Adam [2025] EWHC 1428 (Ch) (21 May 2025)

The High Court dismissed a strike-out application and a Part 18 request for further information in a family partnership dispute over an alleged 2023 agreement.

• Strike out applications
• Particulars of claim
• Oral agreements
• Repudiatory breach
• Further information requests
• Partnership dissolution

Read case analysis

Alexander Gerko v Jonathan Seal & Ors.

The High Court struck out an unlawful means conspiracy claim based on an allegedly false practical completion certificate and dismissed a related amendment application.

• Pleading fraud
• Unlawful means conspiracy
• Summary judgment
• Strike out applications
• Particulars of claim
• Causation in deceit

Read case analysis

Crest Nicholson Operations Ltd & Anor v Grafik Architects Ltd & Anor

Crest Nicholson Operations Ltd & Anor v Grafik Architects Ltd & Anor [2021] EWHC 2948 (TCC) (10 November 2021)

The High Court dismissed an application to strike out Crest Nicholson’s claim against NHBC Building Control Services for alleged Approved Inspector failures.

• Strike out applications
• Particulars of claim
• Expert evidence
• Building regulations
• Approved inspector duties
• Strike-out-applications

Read case analysis

Erlam & Ors v Rahman & Anor

Erlam & Ors v Rahman & Anor [2014] EWHC 2766 (QB) (07 August 2014)

The High Court refused to strike out an election petition over Tower Hamlets, ordered further particulars, and dismissed a protective costs order application.

• Election petitions
• Particulars of claim
• Protective costs orders
• Strike out applications
• Election-petitions
• Particulars-of-claim

Read case analysis

Real Time Systems Limited v Renraw Investments Limited (2) CCAM and Company Limited (3) Austin Jack Warner

The Privy Council held that a deficient statement of case need not be struck out immediately; the court may order further particulars or amendment under CPR case-management powers.

• Striking out statement of case
• Civil proceedings rules
• Particulars of claim
• Court's case management powers
• Civil-procedure
• Strike-out

Read case analysis

Whessoe Oil & Gas Ltd & Anor v Dale

The High Court granted a short unless-order extension and warned that failure to comply would lead to strike-out and judgment for the defendant.

• Extension of time
• Strike-out
• Case management
• Particulars of claim
• Costs
• Extension-of-time

Read case analysis