Source: All England Reporter
Publisher Citation: [2017] All ER (D) 33 (Mar)
Neutral Citation: [2017] EWHC 199 (Comm)
Court: Queen's Bench Division, Commercial Court

Sara Cockerill QC (sitting as a Deputy Judge of the High Court)

Representation Stephen Davies QC (instructed by Hausfeld & Co LLP) for Vendra.
  Rosalind Phelps QC and Rupert Allen (instructed by DLA Piper UK LLP) for BOS.
Judgment Dates: 3 March 2017


Practice - Striking out - Pleading - Claimant company being in liquidation - Claimant commencing proceedings against defendant bank for negligent misstatement regarding interest rate swaps - Bank applying to strike out parts of particulars of claim as not sufficiently relevant - Whether relevant paragraphs of particulars of claim should be struck out.

The Case

Practice Striking out. The Commercial Court allowed the defendant bank's application to strike out a number of paragraphs in particulars of claim brought by the claimant company in liquidation. The paragraphs in issue did not have sufficient relevance to the allegations of negligent misstatement made in the claim.

Practice Areas

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