Peter Richard Andreewitch v Magali Moutreuil & Anor
[2024] EWHC 2326 (Ch)
Jean Lloyd v His Honour Judge North & Ors
21 June 2023
[2023] EWHC 1497 (KB)
High Court
Jean lost her home. She tried to sue to get it back and for compensation, but the courts said she'd already had her chance and refused to hear her case again because it was wasting everyone's time.
Key Facts
- •Applicant (Jean Lloyd) was evicted from an almshouse after a dispute with the Trustees.
- •County Court dismissed the Trustees' possession claim, but this was overturned on appeal by HHJ North.
- •Applicant's appeal to the Court of Appeal was refused by Lord Justice Arnold.
- •Applicant brought a claim for compensation, which was struck out by Master Gidden as an abuse of process.
- •Applicant's renewed application for permission to appeal Master Gidden's decision was refused by Hill J.
- •Applicant's final application for permission to appeal was heard by Mr Justice Julian Knowles.
Legal Principles
Court may strike out a statement of case if it discloses no reasonable grounds for bringing the claim or is an abuse of process.
CPR r 3.4(2)(a) and (b)
It is not open to a party to re-litigate matters already decided by a court of competent jurisdiction.
Common law principle against abuse of process
Test for granting permission to appeal a second appeal is rigorous, requiring a real prospect of success or an important point of principle or practice.
CPR r 52.7
Outcomes
Master Gidden struck out the Applicant's claim for compensation.
The claim was a collateral challenge to previously determined proceedings and an abuse of process.
Hill J refused the Applicant's application for permission to appeal Master Gidden's decision.
The claim sought to relitigate matters already decided and there was no error in the Master's approach.
Mr Justice Knowles refused the Applicant's renewed application for permission to appeal.
The claim was an abuse of process, seeking to re-litigate previously decided matters. The Applicant's grounds of appeal were also factually inaccurate.