Holmes -v- Lingard [2017] JRC 113 (21 July 2017)

Holmes -v- Lingard [2017] JRC 113 (21 July 2017)

The plaintiff's claims are struck out and summary judgment is granted in favour of the defendants because there is no real prospect of success, no binding agreement was concluded, losses claimed are reflective and belong to Home Farm Developments Limited, and the pleadings are deficient. The plaintiff's application to amend is dismissed for failure to comply with procedural directions. The first defendant's counterclaim is not struck out as the plaintiff failed to demonstrate grounds for summary dismissal.

Citation
[2017] JRC 113
Parties
Plaintiff: Mr Holmes; First Defendant: Mr Lingard; Second Defendant: HJL Holdings Limited; Third Defendant: Angel Fish Limited; Amicus Curiae: Advocate Heath
Jurisdiction
Jersey
Judgment Date
21 July 2017
Procedural Posture
Civil / Interlocutory Applications
Outcome
Plaintiff's claims struck out; summary judgment granted for defendants; plaintiff's application to amend dismissed; first defendant's counterclaim proceeds.
Legal Topics
Strike Out, Summary Judgment, Amendment of Pleadings, Unjust Enrichment, Misrepresentation, Reflective Loss, Injunctions, Legal Aid, Stay of Proceedings
Contract Company Civil Procedure Strike Out Summary Judgment Amendment of Pleadings Unjust Enrichment Misrepresentation +4 more

Case Brief

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Parties

Mr Holmes

Plaintiff

Mr Lingard

First Defendant

HJL Holdings Limited

Second Defendant

Angel Fish Limited

Third Defendant

Advocate Heath

Amicus Curiae

Procedural Posture

Civil / Interlocutory Applications

Legal Issues

  1. 1 Whether the plaintiff's claims should be struck out or summarily dismissed
  2. 2 Whether the plaintiff should be permitted to amend his order of justice
  3. 3 Whether the first defendant's counterclaim should be struck out or summarily dismissed

Ratio Decidendi

The plaintiff's claims are struck out and summary judgment is granted in favour of the defendants because there is no real prospect of success, no binding agreement was concluded, losses claimed are reflective and belong to Home Farm Developments Limited, and the pleadings are deficient. The plaintiff's application to amend is dismissed for failure to comply with procedural directions. The first defendant's counterclaim is not struck out as the plaintiff failed to demonstrate grounds for summary dismissal.

Court Disposition

Plaintiff's claims struck out; summary judgment granted for defendants; plaintiff's application to amend dismissed; first defendant's counterclaim proceeds.

Orders

  • Plaintiff's order of justice struck out
  • Summary judgment for defendants