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

The approved transcript of the Recorder’s judgment is short, 14 paragraphs extending over little more than a page and a half.

Having outlined what the dispute was about and some of the issues raised, the Judge concluded as follows:

“12.

In my view it is inappropriate for a case which would take as long to decide that preliminary issue as a trial would take to decide the issue. This is one such case. Here there are issues such as:

i.

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

and/or concealment apply?

ii.

When did the defendant know the essential relevant facts? Was it

2000 or was it 2021, or some other date?

iii.

What did the defendant take into account in acting as it did in issuing the policy and the special conditions or not?

iv.

What was the claimant told about it?

13.

All of these have to be explored and a determination in my view will have to be made. They are inappropriate for this sort of application, but I am invited by the defendant to “take a view” on the case. I cannot confirm it to both parties as it would take just as long as a trial to do so in fairness.

14.

I take the view that the claimant may well have a real chance of success on one or more of his points, and I cannot deprive him of his right to have his legal rights either vindicated or determined after a full and fair trial. I therefore dismiss this application.”

The Judge’s order also recited the following:

“AND UPON the court taking the view that the Claimant may have a real chance of success on at least one or more of his pleaded claims and cannot deprive him of his right to a fair trial;

AND UPON the court noting a number of triable issues in this case making it not suitable for summary judgement and/or strike out;”

In granting permission to appeal on the papers, Bacon J commented:

“The transcript of the judgment is very short (one and a half pages) and it is very difficult to discern from that the reasons for the judge’s decision on the Appellant’s strike-out application. On the basis of such reasons as are given, I consider that the appeal has a real prospect of success on the grounds set out by the Appellant in its grounds of appeal and skeleton argument.”