Higgins v Swanlea Ltd and others

Practice – Pre-and post-judgment relief. The Chancery Division allowed the defendants' appeal against the Chief Registrar's dismissal of their application to strike out a claim for delivery, to the claimant, of a certificate for redeemable preference shares and for specific performance of an agreement in respect of the shares. Applying settled law, the Chief Registrar had been mistaken in concluding that CPR 3.4 had not been open to the defendants. On the facts, the evidence had not been sufficient to prove the pleaded case. Accordingly, the claim was struck out under CPR 3.4(2)(b).

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