Kevin Demirci Properties Limited v Huw Griffiths Architects Limited [2026] EWHC 353 (TCC)

The claimant's particulars of claim had pleaded an allegation of fact that was false and did not accord with what the claimant knew or believed to be true. The defendant applied to strike the claim out on that basis and for permission to bring contempt proceedings against an individual, and there were questions about the claimant's expert evidence.

Mr Alan Bates held that the false allegation did not justify striking out the whole claim, and dismissed the strike-out application. He also dismissed the application for permission to bring contempt proceedings, and granted the claimant permission to put its case on a proper footing, while noting the discouragement of expert shopping. The proceedings were allowed to continue with directions.

The case shows the court distinguishing between a false or improper pleaded allegation, which can be corrected, and conduct so serious that it destroys the claim or warrants contempt proceedings. Not every false statement in a pleading leads to strike out.

Mr Alan Bates held that "the Defendant's application to strike out the claim is dismissed".