Khan v Khan & Anor [2015] EWHC 2625 (Ch) (21 September 2015)

Khan v Khan & Anor [2015] EWHC 2625 (Ch) (21 September 2015)

The claimant's causes of action vested in the trustee in bankruptcy and he lacks standing; the claims are abusive, lack realistic prospects, are time-barred, lack formalities, and are inconsistent with his employment status. The defendants are entitled to strike out and summary judgment.

Citation
[2015] EWHC 2625 (Ch)
Parties
Claimant: Shaukat Ali Khan; First Defendant: Mohammed Ali Khan; Second Defendant: Ambala Foods Limited
Jurisdiction
England and Wales
Judgment Date
21 September 2015
Procedural Posture
High Court Civil Claim / Strike Out Application and Summary Judgment
Outcome
Claim struck out; summary judgment for defendants
Legal Topics
Abuse of Process, Bankruptcy and Vesting of Causes of Action, Adverse Possession, Lien, Specific Performance, Implied Partnership, Constructive Trust, Proprietary Estoppel, Limitation, Formalities for Land Contracts
Civil Procedure Property Law Equity Partnership Law Insolvency Abuse of Process Bankruptcy and Vesting of Causes of Action Adverse Possession +7 more

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Parties

Shaukat Ali Khan

Claimant

Mohammed Ali Khan

First Defendant

Ambala Foods Limited

Second Defendant

Procedural Posture

High Court Civil Claim / Strike Out Application and Summary Judgment

Legal Issues

  1. 1 Whether the claim is an abuse of process due to prior proceedings
  2. 2 Whether the claim should be stayed pending payment of costs from previous proceedings
  3. 3 Whether the claimant retains causes of action post-bankruptcy

Ratio Decidendi

The claimant's causes of action vested in the trustee in bankruptcy and he lacks standing; the claims are abusive, lack realistic prospects, are time-barred, lack formalities, and are inconsistent with his employment status. The defendants are entitled to strike out and summary judgment.

Court Disposition

Claim struck out; summary judgment for defendants

Orders

  • Application to Land Registry for restriction against 9 St Andrews Road dismissed
  • Claimant to pay defendants' costs assessed at £23,500