[2025] EWHC 908 (Ch)

On 10 November 2021 HNW issued proceedings in Kingston County Court claiming possession of the Property and payment of an amount then said to be owing to HNW of £3,535,965.82.

On 3 May 2022 District Judge Smart heard the possession claim and, in the absence of Ms Lawrence, made a possession order in favour of HNW and adjourned the money claim generally. On 13 July 2023, nearly a year later, District Judge Smart set aside the possession order on the ground that Ms Lawrence had not been served with the proceedings and made directions for the filing and service of a defence. An amended Defence and Counterclaim was served on or about 28 July 2023 followed by a Reply and Defence to Counterclaim dated 7 September 2023 and a Reply to Defence to Counterclaim dated 20 September 2023.

By an order made on 14 December 2023, District Judge Smart transferred the proceedings to the Chancery Division of the High Court. On 9 April 2024 HNW issued an application to amend its Particulars of Claim and to strike out the Defence and Counterclaim. By order made on 19 April 2024, Master Brightwell gave directions for Ms Lawrence to issue a Part 20 claim dated 15 April 2024 against the Third Party (“Setfords”), Ms Lawrence’s former solicitors. This was followed by a Part 20 Defence dated 20 June 2024. By a further order made on 13 June 2024, Master Brightwell gave directions for the service of evidence in relation to HNW’s strike out application.

On 28 August 2024 Ms Lawrence issued an application to strike out the claim, for security for costs, for disclosure and for amendment of its Defence and Counterclaim.

Pursuant to the Court’s directions, HNW has served three witness statements and Ms Lawrence has served one witness statement for the purposes of the parties’ applications.