Thevarajah v Riordan


Reference:
[2015] EWCA Civ 41; The Times 26th March 2015

Date:
4th February 2015

Court:
Court of Appeal

Comment:

The judge had held that the particulars of claim did not assert the agreement that the claimant contended for, and that no regard should be had to the defence in construing the particulars of claim because the defence had been struck out and the defendants debarred from defending the claim. Held: Allowing the appeal, the deputy judge appeared to have thought that he was conducting a procedure akin to that adopted in default cases which lead him to consider the particulars of claim in complete isolation. However the court had been conducting a trial and had not been engaged in the non-judicial function described in CPR r.12.11. It would be absurd if the defence could not be relied upon by the appellant to describe the ambit of the dispute, which in any event had been sufficiently clear from the particulars of claim alone, the deputy judge having misinterpreted them.



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