IN THE COUNTY COURT SITTING AT BIRMINGHAM Claim No. BRODD37
BETWEEN
MENELAUS DRINKS LIMITED
Claimant/Applicant
-and-
(1) MR KEITH MARRINER
(t/a The Queen’s Head)
(2) MRS RACQUEL MARRINER
(t/a The Queen’s Head)
Defendants/Respondents
_____________________________________
SKELETON ARGUMENT ON BEHALF
OF THE CLAIMANT/APPLICANT
_____________________________________
Introduction
1. The Claimant (‘C’) requests that the Court:
a. strike out in its entirety the Defendants’ (‘Ds’) defence and counterclaim
(‘DAC’) under CPR 3.4(2)(a) and enter judgment for C on the claim and
counterclaim; alternatively
b. enter summary judgment for C on its claim and against Ds on their
counterclaim under CPR 24.3.
1
, Pre-reading
2. The Court is likely to require 75 minutes to read the documentation. The key
documents are in bold.
a. Particulars of Claim dated 18 September 2025 (‘POC’);
b. Defence and Counterclaim dated 22 September 2025 (‘DAC’);
c. Witness Statement of Heema Roberts and attached exhibit (‘WSHR’ and
‘HR/1’);
d. Claimant’s standard terms and conditions of sale (“T&Cs” – attached to the
PoC – see in particular clauses 3.2, 5.2 and 6.1);
e. Draft Order;
f. Wrexham Association Football Club Ltd v Crucialmove Ltd [2006] EWCA Civ
237 (the fact that a summary judgment application involves allegations of bad
faith is not by itself a compelling reason for the matter to proceed to trial); and
g. AC Ward & Sons Ltd v Catlin (Five) Ltd [2009] EWCA Civ 1098 (the principles
governing a summary judgment application; see 24.3.2 of WB 2025 Vol 1).
Factual Background
3. C supplies drinks to public houses; Ds own and operate two public houses.
4. The claim relates to a series of unpaid invoices, together totalling £82,831, which are
listed below and exhibited at HR/1. The disputed invoices will be grouped together for
convenience in this application and referred to throughout as follows:
(a) “The 2015 and 2016 invoices” comprising:
(i) Invoice dated 15.12.15, totalling £16,476;
(ii) Invoice dated 8.8.1 6, totalling £13,334.
(b) “The 2023 invoice” - Invoice dated 17.2.23, totalling £16,457.
2
BETWEEN
MENELAUS DRINKS LIMITED
Claimant/Applicant
-and-
(1) MR KEITH MARRINER
(t/a The Queen’s Head)
(2) MRS RACQUEL MARRINER
(t/a The Queen’s Head)
Defendants/Respondents
_____________________________________
SKELETON ARGUMENT ON BEHALF
OF THE CLAIMANT/APPLICANT
_____________________________________
Introduction
1. The Claimant (‘C’) requests that the Court:
a. strike out in its entirety the Defendants’ (‘Ds’) defence and counterclaim
(‘DAC’) under CPR 3.4(2)(a) and enter judgment for C on the claim and
counterclaim; alternatively
b. enter summary judgment for C on its claim and against Ds on their
counterclaim under CPR 24.3.
1
, Pre-reading
2. The Court is likely to require 75 minutes to read the documentation. The key
documents are in bold.
a. Particulars of Claim dated 18 September 2025 (‘POC’);
b. Defence and Counterclaim dated 22 September 2025 (‘DAC’);
c. Witness Statement of Heema Roberts and attached exhibit (‘WSHR’ and
‘HR/1’);
d. Claimant’s standard terms and conditions of sale (“T&Cs” – attached to the
PoC – see in particular clauses 3.2, 5.2 and 6.1);
e. Draft Order;
f. Wrexham Association Football Club Ltd v Crucialmove Ltd [2006] EWCA Civ
237 (the fact that a summary judgment application involves allegations of bad
faith is not by itself a compelling reason for the matter to proceed to trial); and
g. AC Ward & Sons Ltd v Catlin (Five) Ltd [2009] EWCA Civ 1098 (the principles
governing a summary judgment application; see 24.3.2 of WB 2025 Vol 1).
Factual Background
3. C supplies drinks to public houses; Ds own and operate two public houses.
4. The claim relates to a series of unpaid invoices, together totalling £82,831, which are
listed below and exhibited at HR/1. The disputed invoices will be grouped together for
convenience in this application and referred to throughout as follows:
(a) “The 2015 and 2016 invoices” comprising:
(i) Invoice dated 15.12.15, totalling £16,476;
(ii) Invoice dated 8.8.1 6, totalling £13,334.
(b) “The 2023 invoice” - Invoice dated 17.2.23, totalling £16,457.
2
