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Why it’s important to set out your claim properly

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28/07/2014

A recent decision gave a claimant a sharp reminder of why it is important to ensure that the particulars of your claim are pleaded (i.e. described) fully.

In Thavatheva Thevarajah and others v Riordan [1], the defendant failed to provide information ancillary to an injunction and the claimant was successful in striking out the defendant’s defence and counterclaim. The defendant was debarred from taking any further part in the proceedings save to assist the court in understanding the claim and in relation to the valuation of the claims.

The claimant then applied for a declaration and other orders which had only been pleaded in the defendant’s struck out defence – but not in its own claim. The court refused the claimant’s application ruling that the defence no longer existed and the claimant could not therefore use it as the basis for its own applications.

An example of be careful what you wish for…

[1] Thavatheva Thevarajah and others v John Riordan and others [2014] EWCA 725 (Ch) (21 March 2014)

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