Source: All England Reporter
Publisher Citation: [2002] All ER (D) 276 (Oct)
Neutral Citation: [2002] EWHC 2089 (Comm)
Court: Commercial Court

Colman J

Representation Salim Moollan (instructed by Clyde & Co) for the claimant.
  Andrew Thomas (instructed by Barlow Lyde & Gilbert) for the first defendant.
  Andrew Hunter (instructed by Cadwalader, Wickersham & Taft) for the second defendant.
  Christopher Quinn (instructed by Sherman Phillips) for the third defendant.
Judgment Dates: 18 October 2002


Practice and procedure - Striking out - Pleadings disclosing no cause of action.

The Case

An application by the second defendant to strike out the claim made against it by the claimant under CPR 3.4 succeeded on the grounds that the particulars as served included no cause of action against the second defendant as the contract relied upon was incapable as a matter of law of having arisen from the pleaded facts.

Practice Areas

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