King's / Queen's Bench Division of the High Court
KB-2025-001929 - [2025] EWHC 2966 (KB)
Fecha: 13-Nov-2025
Defendant’s application 3: strike out of IT Way
X. Defendant’s application 3: strike out of IT Way
I add for completeness that I judge it premature and inappropriate to strike out IT Way’s claim. Indeed, the defendant’s case is that such a measure would be a fallback position if the court was against it on the stay in respect of arbitral proceedings involving Orange. However, on that question, I have ruled in favour of the defendant. To the extent that this application by the defendant does not fall away, it should be stayed behind the arbitrator’s decisions.
Conclusion: strike out of IT Way
The defendant’s strike out application in respect of IT Way is subject to an interim stay under CPR 3.1(1)(g) and the inherent jurisdiction.
- Heading
- THE HON. MR JUSTICE DEXTER DIAS
- Mr Justice Dexter Dias
- Introduction
- Applications
- Brief facts
- Claimants’ applications (overview)
- Claimants’ application 1: CPR Part 11
- Part 62
- Discussion: Part 62
- Conclusion: Part 62
- Part 11
- Hoddinott
- Pitalia
- Tintometer
- Discussion: Part 11
- Claimants’ application 2: CPR 3.4
- Claimants’ application 3: Injunction
- Basis 1: Part 11
- Basis 2: Public interest
- Conclusion: injunction
- Defendant’s application 1: stay of Orange
- Arbitration contracts
- State of evidence
- Discussion: state of evidence
- Conclusion: state of evidence
- Forum
- Conclusion: forum
- Orange stay
- Conclusion: Orange stay
- Defendant’s application 2: stay of IT Way
- Defendant’s application 3: strike out of IT Way
- Allegations against Shein
- Conclusions