Mohamed Razeem v Vibhutiben Desai
[2024] EWHC 689 (Ch)
A court will strike out a statement of case if it discloses no reasonable grounds for bringing or defending the claim, or if it is an abuse of the court’s process.
CPR rule 3.4(2)
Summary judgment will be granted if a party has no realistic prospect of success on their claim or defence.
CPR rule 24.2
Witness immunity from suit extends to statements made in preparing a proof for trial and in any judicial proceedings.
Marrinan v Vibart [1963] QB 234
Immunity applies to a claim that defendants conspired to give false evidence to a court.
Darker v Chief Constable of the West Midlands [2001] 1 AC 435
To set aside a judgment for fraud, a claimant must prove 'conscious and deliberate dishonesty' in relation to material evidence that was an operative cause of the court's decision.
Takhar v Gracefield Developments Ltd [2019] UKSC 13
Allegations of fraud must be pleaded with full particulars, including facts supporting inferences of dishonesty; the inference of dishonesty must be more likely than innocence or negligence.
CPR 16.4(1), Chancery Guide para 4.8, Three Rivers District Council v Governor and Company of the Bank of England (No.3) [2003] 2 AC 1, JSC Bank of Moscow v Kekhman [2015] EWHC 3073 (Comm)
The applications to strike out Dr. Haddad's claim against the lawyer defendants were granted.
The lawyer defendants enjoyed immunity from suit related to their roles in the Partnership Claim; Dr. Haddad's allegations of fraud were incoherent, lacked reasonable grounds, and constituted an abuse of process; his pleadings were inadequate.
[2024] EWHC 689 (Ch)
[2023] EWCA Civ 507
[2024] EWHC 2775 (Admin)
[2023] EWHC 1094 (KB)
[2023] EWCA Civ 655