Source: All England Reporter
Publisher Citation: [2010] All ER (D) 220 (May)
Neutral Citation: [2010] EWHC 1083 (Ch)
Court: Chancery Division
Judge:

Roth J

Representation Stephen Cogley (instructed by Sloan Plumb Wood) for the claimants.
  David Sawtell (instructed by Indira Sebastian) for the defendant.
Judgment Dates: 21 May 2010

Catchwords

Pleading - Striking out - Defence - Claimants employing defendant as manager at garage - Claimants alleging defendant misappropriating monies from business - Claimant bringing claim for account of money wrongfully had and received and consequent payment - Defendant alleging agreement making him partner in business - Defendant counterclaiming for profit in business - Claimant seeking summary judgment on claim and counterclaim - Whether claimant entitled to summary judgment.

The Case

Pleading Striking out. The Chancery Division struck out part of the defendant's defence, and his counterclaim, to a claim for misappropriation of monies from the garage at which he worked, on the ground that he could produce no evidence for his having been a partner in the business.

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