CL-2021-000431 - [2025] EWHC 1940 (Comm)

Two free-standing strike out applications are made by the Claimant.

The first, as set out in the Application Notice relates to the alleged deficiency of the pleading of the Misrepresentation Claims:

“Paragraphs 36A(8) 36A(14)(j), and Appendices 1 and 2, of the [Re-Amended Reply to Defence to Counterclaim] advance claims in deceit and negligent misrepresentation which are missing essential elements of the causes of action and/or are insufficiently particularised and/or breach CPR PD 16 8.2(1) and 8.2(3) and/or paragraph 1.3(c) of the Commercial Court Guide. The grounds for strike out in CPR 3.4(1), 3.4(2) and 3.4(3) are accordingly met.”

The second relates to a different pleading point, namely as to in which pleading the Misrepresentation Claims should have been pleaded by way of amendment:

“Paragraphs 36A(8) 36A(14)(j), and Appendices 1 and 2, of the [Re-Amended Reply and Defence to Counterclaim] advance new claims by way of reply in breach of CPR PD 16.9.2. The ground for strike out in CPR 3.4(3) is accordingly met.”