Kamran Attaei v Nahid Alsharif & Ors
[2024] EWHC 2972 (KB)
Benjamin Kofi Ackah Brem v Dominic Iver Clark & Anor
16 June 2023
[2023] EWHC 1358 (KB)
High Court
Someone bought a house with a smaller garden than expected and sued the seller and their solicitor. The judge threw out the case because the buyer's lawyers messed up, and the buyer's case wasn't very strong. The appeal court agreed, so the case is over.
Key Facts
- •Benjamin Kofi Ackah Brem (appellant) appealed the striking out of his claim against Dominic Iver Clark and Rudd Solicitors (respondents).
- •The claim arose from Brem's purchase of a property with a truncated garden.
- •Brem claimed against the first respondent (seller) for reinstatement of the garden, access fees, garden clearing costs, and house repairs.
- •Brem claimed against the second respondent (solicitor) for £18,000, representing the alleged diminution in value due to the truncated garden.
- •The judge struck out the claim, ordered Brem to pay the respondents' costs on an indemnity basis, and refused an adjournment application due to counsel's illness.
- •The appeal centered on whether the judge's decision was wrong or unjust due to procedural irregularities.
Legal Principles
Appellate courts should not interfere with case management decisions unless plainly wrong.
Global Torch Ltd v Apex Global Management Ltd [2014] UKSC 64
Appellate courts should defer to a judge's exercise of discretion.
Hadmor Productions Ltd v Hamilton [1983] 1 AC 191
The court must apply the overriding objective in CPR 1.1, considering proportionate cost and expeditious and fair dealing.
CPR 1.1
A judge should assist a claimant by explaining the test for strike-out and summary judgment and invite submissions.
Drysdale v the Department of Transport [2014] EWCA Civ 1083
Outcomes
Appeal dismissed.
The judge's decision not to adjourn was within his discretion, considering the history of adjournments and the need for efficient case management. While the judge's reasoning on striking out the claim was concise and could have been clearer, the appellant's case was fatally flawed, incoherent, and lacked merit. The judge was entitled to consider the overall merits, costs incurred, and prospects of success. The judge's failure to fully explain the tests for strike-out and summary judgment, and to fully elicit submissions from the claimant, did not result in injustice given the state of the case.
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