Section 1
This judgment was handed down remotely at 10am on Wednesday 18 September 2024 by circulation to the parties’ representatives by e-mail and release to the National Archives.
DAVID QUEST KC:
Introduction
This is an application by the Defendant for summary judgment and/or to strike out the claims against it. The application is made by application notice dated 20 February 2024 on the five grounds set out in the schedule to the notice. There is also a cross-application by the Claimant by notice dated 12 June 2024 to amend its Particulars of Claim.
The applications were argued over two days, with Alex Charlton KC representing the Defendant and Benjamin Pilling KC, leading Gideon Shirazi, representing the Claimant. I am grateful for their clear and helpful written and oral submissions. The Defendant’s application was supported by statements from Sian Dyer. The Claimant relied on witness statements from Martin Graves, Martin Walsh and Karen Berry.
- Heading
- Section 1
- The parties
- The claims
- The Legacy Environment Claim
- The Storage Solution Claim
- The law on strike-out and summary judgment
- The parties’ cases on assignment
- Assignment of the claims under the DCHA
- Assignment of the Variation Agreement and unjust enrichment claims
- Validity of the assignment
- Conclusions
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