Source: All England Reporter
Publisher Citation: [2015] All ER (D) 24 (Apr)
Neutral Citation: [2015] EWHC 936 (Ch)
Court: Chancery Division

Norris J

Representation Patrick Green QC and Thomas Evans (instructed by Maitland Walker LLP) for the claimant.
  Jonathan Russen QC (instructed by Penningtons Manches LLP) for the defendants.
Judgment Dates: 1 April 2015


Practice - Summary judgment - Entitlement to summary judgment - Claimant commencing proceedings in tort and contract, alleging his shares in company being undervalued as result of conspiracy by defendants - Defendants successfully applying to strike out claim - claimant appealing - Whether chief master had erred in finding that claimant's statement of case did not disclosing reasonable ground for bringing claim - Whether appropriate to dispose of claimant's claim in deceit summarily - CPR 24.2.

The Case

Practice Summary judgment. The claimant commenced proceedings in tort and contract, alleging that his shares in a company had been undervalued as a result of a conspiracy by the defendants. The defendants successfully applied to strike out the claim, and the claimant appealed. The Chancery Division held that the Chief Master had erred in finding that the claimant's statement of case did not disclose a reasonable ground for bringing the claim, and that it had not been appropriate to dispose of the claimant's claim in deceit summarily.

Practice Areas

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