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King's / Queen's Bench Division of the High Court
KB-2025-001160 - [2025] EWHC 2369 (KB)
Fecha: 22-Sep-2025
Ground 6: “inchoate ‘claw back’ claim”
Ground 6: “inchoate ‘claw back’ claim”
Mr Oudkerk complained that [57] POC does not disclose any cause of action. It follows that it should be struck out.
I reject this argument. [57] POC simply reserves the right to (apply to) amend. It does not add anything to the issues in the Claim at this stage but nor is any useful purpose served by striking it out.
- Heading
- Introduction
- The pleaded claim
- BISL’s reaction to the resignations of Mr Wheeler and the EMEA GPF employees
- The US proceedings
- The legal framework
- The “no reasonable grounds” basis for striking out
- The need for a proportionate approach
- The abuse of process ground for striking out
- Waiver by election
- Part 24
- The grounds on which Mr Wheeler seeks summary disposal
- Ground 1: internal inconsistency in the context of the BISL claim
- Discussion
- Ground 2: inconsistency between the US Proceedings and the Claim
- Discussion
- Ground 3: BISL did not incur the loss in any event
- Discussion
- Ground 4 – quantum claim misconceived?
- Discussion
- Ground 5: equitable claims
- Equitable compensation relief
- The claim for an account of profits
- No constructive trust
- No forfeiture of bonuses
- Ground 6: “inchoate ‘claw back’ claim”
- In any event…
- Conclusions