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

In considering the third and fourth grounds of appeal I myself must consider whether the strike out/summary judgment tests are met by the Defendant. In doing so, I have considered carefully the above summary taken from the skeleton arguments before me and reminded myself of the notes to the two provisions in question as set out in the White Book.

The Judge appears to have dismissed the Defendant’s application on the basis that there was a real prospect of success on the limitation defence and that there were the factual (and in the case of (i) below, mixed questions of fact and law) issues that he referred to at paragraph 12 of his judgment which he could not resolve namely:

“i.

Do the exceptions to the limitation period such as fraud, mistake,

and/or concealment apply?