KB-2025-001160 - [2025] EWHC 2369 (KB)

Mr Oudkerk advanced six grounds on which he submitted that the Claim, or alternatively parts of it, should be struck out or dismissed. The first four, which were the principal focus of his oral submissions, all challenge BISL’s claim for damages in the sum of £6.3 million ([53] POC). The fifth challenges each of the equitable remedies sought by BISL, and the sixth its reservation of the right to apply to amend pleaded at [57] POC. A good deal less time was spent on Grounds 5 and 6 in oral submissions. Mr Wheeler therefore needed to succeed on at least one of the first four grounds and the whole of the fifth ground if he was to strike out the Claim.

With respect to Mr Oudkerk and Mr Mordaunt, Grounds 1-4 were presented in a way which overlapped and was therefore somewhat repetitive. Under each heading there was, in truth, one point albeit I accept that they were entitled to rely on all four Grounds cumulatively as well as individually. I will therefore deal with each of these points in turn and consider their cumulative effect as well.