An application to strike out certain paragraphs of an Amended Statement of Claim pursuant to r 179(1)(b) of the Uniform Civil Procedure Rules 1999. The basis of the application was that the paragraphs failed to plead the necessary facts in support of the conclusion of law about a joint endeavour in breach of UCPR rule 149. The plaintiff had also failed to join all of the parties to the alleged joint endeavour. The paragraphs were struck out and, given the claim was listed for trial in less than two months, leave to re-plead was refused.
David Chesterman (with S Cooper QC) appeared for the respondent, instructed by Bransgroves Lawyers.
The judgment is published here.
