CH-2025-000032 - [2025] EWHC 2988 (Ch)

In my judgment the appeal succeeds on the basis that the learned Judge incorrectly applied the test for summary judgment/strike out to the facts and evidence placed before him. The issues that he identified in paragraph 12 of his judgment were issues upon which answers can be given with sufficient confidence. The claims based on what happened in 2000 are primarily barred by reason of limitation. The claim based on the alleged misrepresentation in 2013, fails to identify any reasonable reliance or causal loss. The claim that in 2021 loading was applied is incorrect. The reason given for the loading changed in 2021, but the loading had been there from inception.

It follows that the claim should be struck out and judgment entered for the Claimant.