Tomasz Danielewicz v Jessica Cannon & Anor.
[2023] EWHC 948 (KB)
Seema Ashraf v Attarian & Ors
9 November 2023
[2023] EWHC 2800 (Ch)
High Court
The claimant kept changing her story in court, even after being told to stop. The judge got fed up and threw out her case because she was wasting everyone's time and money.
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.