Source: All England Reporter
Publisher Citation: [2006] All ER (D) 95 (May)
Court: Chancery Division

Lindsay J

Representation William Ainger (instructed by D'Angibau Willmot) for the claimant.
  William Moffett (instructed by Grundberg Mocatta Rakison LLP) for the second defendant.
Judgment Dates: 28 April 2006


Negligence - Duty to take care - Existence of duty - Breach of duty - Parties' properties connected by water pipe - Claimant alleging breach of duty by defendants - Second defendant contending claimant's claim having no reasonable prospect of success - Whether claim should be struck out.

The Case

The second defendant's application to strike out the claimant's claim, pursuant to CPR3.2, was allowed on the basis that the claimant's claim, with our without the amendment sought, had no reasonable prospect of succeeding at trial.

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