[2023] EWHC 1480 (IPEC)

This judgment relates to the Claimants’ application dated 13 March 2023 (the ‘Application’).

The Claimants are referred to as ‘JBC’. The Application sought summary judgment on the claim and/or strike out of the Defence and Counterclaim. In the alternative, in the event of failure of the Application (in part or in whole) JBC sought directions to a combined trial of liability and quantum.

The First Defendant, Mr Mudahy, and the Second Defendant, Mr Hussain, are together referred to as the Defendants unless the context requires otherwise.

The Defendants resist the Application on the basis that there is a genuine dispute of fact between the parties for which disclosure, witness evidence and possible expert evidence is required, and which should be determined at trial. A point is also made by counsel for the Defendants, Ms McFarland, about their position as individuals and my attention was drawn to the cautionary note under CPR 3.4.2:

“The ECHR art 6(1) right of access to a court may require caution on the part of courts in exercising the r. 3.4(2)(a) power to strike out a statement of case which appears to disclose no reasonable grounds for bringing or defending a claim …”

During oral submissions, Ms McFarland made clear that there was no suggestion that ECHR rights differ for individuals, while also referring to the reputational damage that the Defendants as individuals would suffer if their defence was not permitted to proceed to trial and a full hearing.