Judgement has been handed down by Master Sullivan in my strike-out application against Esther Baker in Smith v Baker and Dillon. I have a copy, and it has been released to BAILII so will presumably be going up there shortly.

Esther Baker has had parts of her Defence and Counterclaim struck out.

In short the judge has struck out parts of Baker’s Defence and Counterclaim and will make an Order that she files an amended one within 28 days. The precise form of the Order will be finalised at a hearing to be set for 30 minutes next week. It is not an unless Order, but it is intended to contain liberty for me to renew my strike-out application if the pleadings remain deficient. The judge also said, “I am not making an unless order for the reasons set out, but if there is any substantial breach in the amended pleadings, the relevant part is likely to be struck out”.

I am disappointed with some typos, including apparently mixing up the Claimant and Defendant in a couple of places and some similar errors, as well as one error of fact. These could have been avoided had a draft of the judgement been sent out in the usual way, which I did suggest. There are procedures for correcting these, called, the “slip rule” and “reconsideration rule” and I will comment further once I have invited the Master to address them.

[EDIT – 20/10/2020 18:20] The judge has now corrected all the typos and factual issues I raised and sent an amended judgement to BAILII.

Otherwise, the effect is positive. Ms Baker must correct her pleadings once the Order is finalised, or face final strike-out.