Mr A McFarlane v Mr G Wilson and Ms K Taylor T/a The Rivergarden Bar and Kitchen: 6013941/2024
JUDGMENT
[1]The claimant’s application to strike out the response, dated 18 August 2025, is dismissed.REASONS
[1]On 18 August 2025, the claimant made an application to strike out the response on the basis that it has: “No reasonable prospect of success, contains scandalous and vexatious material, and amounts to improper conduct in the proceedings.”[2]The claimant’s application is contained in a 23 page document with annexes.[3]For The purposes of this strike out application, I have to proceed on the basis that the respondent will establish the facts and matters set out in its response.[4]The claimant’s written application to strike out consists of setting out a number of propositions advanced by the respondent in the response and then seeking to suggest that they are wrong, untrue, misleading, scandalous and vexatious etc. Case Number: 6013941/2024[5]The claimant may well be correct in any or all of his contentions which, of course, can be argued at the full merits hearing. However, in order to determine whether the claimant is correct in his assertions then I would need to hear and see all the evidence.[6]In my judgment, I cannot say that the response has no reasonable prospect of success, contains scandalous, vexatious, material or is in any way improper conduct of this litigation. I informed Mrs McFarlane that, if following the tribunal’s findings she has a basis to do so, then she could make appropriate applications at that stage.[7]Consequently, the claimant’s application to strike out the response is dismissed. Approved by: