UPON the Claimants’ application dated 3 February 2025 for strike out and/or summary judgment in relation to the Respondent’s Defence and Counterclaim and Reply to Defence to Counterclaim (the ‘ Applic
UPON the Claimants’ application dated 3 February 2025 for strike out and/or summary judgment in relation to the Respondent’s Defence and Counterclaim and Reply to Defence to Counterclaim (the ‘Application’)
AND UPON reading the second witness statement of Mr Stephen John Netherway dated 3 February 2025 in support of the Application; the third witness statement of Mr Paul Kenneth Annesley, the first witness statement of Mr Jonathan Field, and the first witness statement of Mr Paul Duddle, all dated 28 March 2025; and the third witness statement of Mr Netherway, dated 11 April 2025
AND UPON reading written submissions on behalf of the Applicants and the Respondent
AND UPON hearing Counsel for the Applicants (Mr Mek Mesfin) and Counsel for the Respondent (Mr Daniel Crowley) on 13 May 2025
AND UPON the formal handing down of Judgment upon the Application on 18 June 2025
AND UPON reading further written submissions on outstanding matters consequential to the court’s judgment dated 18 June 2025
IT IS ORDERED that:
- Heading
- His Honour Judge Hodge KC
- UPON the Claimants’ application dated 3 February 2025 for strike out and/or summary judgment in relation to the Respondent’s Defence and Counterclaim and Reply to Defence to Counterclaim (the ‘ Applic
- The words ‘contract works and/or’ are struck out from paragraph 94 of the Defendant’s Defence and Counterclaim dated 8 May 2024 under CPR 3.4(2) as disclosing no reasonable grounds for defending the c
- If and to the extent that the Defendant intends to maintain such defences, by 4.00 pm on 9 July 2025 it is to file at court and serve upon the Claimants short particulars (‘the Further Particulars’ )
- Explain precisely how any qualifying misrepresentation under the Consumer Insurance (Disclosure and Representations) Act 2012 ( ‘CIDRA’ ) was communicated to the Defendant; and (if and when it was) ex
- The Defendant shall
- Conclusions
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