QB-2020-000092 - [2025] EWHC 002154 (KB)

Strike-out on basis claim inadequately pleaded

This ground, which was advanced by Mr Day with less enthusiasm than his other grounds, could not appropriately form the basis of a strike-out without giving the claimant an opportunity to put right the omissions of which the Standard Life defendants complained. The complaint was that the formulation of the duties, the nature of the alleged breaches of those duties, causation and quantum were “wholly generic and unparticularised”. The Particulars of Claim were drafted by leading counsel experienced in this type of litigation. I do not think that they can fairly be characterised in this way. But even if they could, the court would not proceed to the draconian step of striking out the whole claim without first inviting the defendants formally to request clarification, perhaps by means of a Part 18 request, and/or inviting the claimant to amend. That stage has not been reached.