Key Facts
- •Claimant's action against the Chief Land Registrar (CLR) for indemnity under the Land Registration Act 2002 (LRA) due to alleged forgery of a property transfer.
- •The core issue is whether the deceased suffered loss due to the alleged mistake in the register, turning on how funds were handled by FLP Solicitors before misappropriation.
- •Claimant's pleadings have undergone multiple amendments, with inconsistent factual assertions and statements of truth.
- •The Claimant repeatedly changed her factual case, even after warnings from the court.
- •The CLR applied to strike out the claim on grounds of no reasonable grounds, abuse of process, and non-compliance with court orders.
- •The Claimant failed to provide adequate explanation for inconsistencies in her pleadings and statements of truth.
Legal Principles
Court may strike out a statement of case if it discloses no reasonable grounds, is an abuse of process, or there's non-compliance with court orders.
CPR 3.4(2)
Abuse of process includes using court process for a purpose significantly different from its ordinary use.
Attorney General v Barker [2000] 1 FLR 759
Unreasonably vague or incoherent statements of case can constitute abuse of process.
Towler v Wills [2010] EWHC 1209 (Comm)
A party 'blowing hot and cold' on factual cases constitutes abuse (approbation and reprobation).
Ashraf v Lester Dominic Solicitors & Others [2022] EWHC 621 (Ch)
Endlessly mutable claims can be struck out.
Nekoti v Univilla Ltd [2016] EWHC 556(Ch)
Court should be reluctant to deprive a claimant of a platform to prosecute a claim of adequate merit unless the claim was ventilated in prior proceedings.
Re Fundao Dam Disaster Municipio v BHP Group plc [2020] EWHC 2930 (Comm)
For reverse summary judgment, a claimant must have no real prospect of succeeding.
CPR 24.2
Signing a statement of truth is not an empty formality and carries considerable weight.
Clarkson v Future Resources FZE [2022] EWCA Civ 230
A subsequent statement of case must not contradict or be inconsistent with an earlier one.
Practice Direction 16, paragraph 9.2
Indemnity under LRA Schedule 8 requires: (i) a mistake on the Register; (ii) rectification or a decision not to rectify; (iii) claimant's loss; (iv) loss caused by rectification or the decision not to rectify.
Land Registration Act 2002, Schedule 8
Outcomes
Claimant's statement of case struck out and claim dismissed.
Abuse of court process due to inconsistent pleadings, statements of truth, and repeated changes of factual case despite warnings.