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

The applications

As already noted, the Standard Life defendants apply (by application dated 6 June 2024) for strike out under CPR 3.4(2) and/or reverse summary judgment under CPR Pt 24 on the claim brought against them by Stephen Sedgley, the eighth claimant, on grounds that his claim (a) is an abuse of process because, as part and parcel of his application to the FSCS, he had assigned his cause of action to that body and therefore lacked locus standi, (b) is time barred, (c) discloses no cause of action against the tenth defendant and (d) is inadequately particularised.

The claims of the first, fourth, sixth & seventh claimants (Messrs Lee, Beresford, Kitson and Mooney) stood as struck out for non-compliance with the unless order dated 12 January 2024. These claims were made against the James Hay & AJ Bell defendants. On 26 February 2024 these defendants applied for their costs of the action. On 5 February 2025, the first, fourth, sixth & seventh claimants cross-applied for relief against sanctions. These cross-applications raise broadly similar issues to the strike out / reverse summary judgment application of the Standard Life defendants.

Notwithstanding the lengthy and detailed arguments that were addressed to me, I have reached the clear conclusion that I should not strike out the eighth claimant’s claim and that I should grant relief from sanctions in favour of the first, fourth, sixth and seventh claimants so that the strike-out of their claims consequent upon the breach of the unless orders should be revoked. The reasons for that conclusion are relatively simply stated and, in the interests of brevity, I will not enlarge on the narrative introduction set out above and I will not separately recite the submissions made to me. I will move straight to a discussion from which the submissions will be apparent. I might note in passing that, even adopting this measure, the judgment that follows is longer than is really commensurate with the weight and complexity of the issues that the applications threw up.