Gunaratnam Kirupakaran v Mahomed Tehseen Ibrahim & Ors [2026] EWHC 1429 (TCC)

The defendants applied to strike out the claim form and amended particulars of claim and for summary judgment. At an earlier hearing the claimant had been warned clearly that his pleaded claim was hopeless and given the opportunity to correct it.

Mrs Justice O'Farrell found that, after a further six months, the claimant had still failed to plead or set out the facts and legal arguments needed to formulate a legally recognisable claim against each defendant. It would be contrary to the overriding objective to allow the claim to continue, so the applications to strike out and for summary judgment were granted and the claimant was ordered to pay the defendants' costs.

The case is a reminder that repeated opportunities to cure a defective pleading are not unlimited. A claimant who cannot, after clear warning and ample time, articulate a recognisable claim against each defendant will have the claim struck out with costs.

Mrs Justice O'Farrell ordered that "the applications to strike out the claim and/or for summary judgment against the claimant are granted".