Intensity Holdings SA v Stratton Mortgage Funding 2019-1 Plc & Ors [2023] EWHC 104 (Ch) (12 January 2023)

Intensity Holdings SA v Stratton Mortgage Funding 2019-1 Plc & Ors [2023] EWHC 104 (Ch) (12 January 2023)

The claim was struck out and summary judgment granted because the claimant's case was wholly unconvincing, based on a fabricated contract, unsupported by any evidence, and was a continuation of vexatious and abusive litigation orchestrated by Mr Hussain. The claimant failed to produce the alleged SPA, provided no evidence of board approval or consideration, and did not respond to the application. The proceedings were an abuse of process and had no real prospect of success.

Citation
[2023] EWHC 104 (Ch)
Parties
Claimant/respondent: Intensity Holdings S. A.; Defendant/applicant: Stratton Mortgage Funding 2019-1 PLC; Defendant/applicant: Clavis Securities PLC; Defendant/applicant: Bluestone Mortgages Limited; Defendant/applicant: Kensington Mortgage Company Limited; Defendant/applicant: Rooftop Mortgages Limited; Defendant/applicant: Stratton Hawksmoor 2022-1 PLC; Defendant/applicant: Aline Sternberg
Jurisdiction
England and Wales
Judgment Date
12 January 2023
Procedural Posture
Civil (business and Property Courts) / Application to Strike Out Claim And/or for Summary Judgment
Outcome
Claim struck out and reverse summary judgment granted for the defendants.
Legal Topics
Abuse of Process, Summary Judgment, Strike Out, Securitisation, Fraudulent Litigation, Company Law
Civil Procedure Commercial Law Insolvency Abuse of Process Summary Judgment Strike Out Securitisation Fraudulent Litigation +1 more

Case Brief

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Parties

Intensity Holdings S. A.

Claimant/respondent

Stratton Mortgage Funding 2019-1 PLC

Defendant/applicant

Clavis Securities PLC

Defendant/applicant

Bluestone Mortgages Limited

Defendant/applicant

Kensington Mortgage Company Limited

Defendant/applicant

Rooftop Mortgages Limited

Defendant/applicant

Stratton Hawksmoor 2022-1 PLC

Defendant/applicant

Aline Sternberg

Defendant/applicant

Procedural Posture

Civil (business and Property Courts) / Application to Strike Out Claim And/or for Summary Judgment

Legal Issues

  1. 1 Whether the claim should be struck out under CPR 3.4(2)(a) for having no reasonable grounds
  2. 2 Whether summary judgment should be granted under CPR 24.2 as the claimant has no real prospect of success
  3. 3 Whether the proceedings are an abuse of process

Ratio Decidendi

The claim was struck out and summary judgment granted because the claimant's case was wholly unconvincing, based on a fabricated contract, unsupported by any evidence, and was a continuation of vexatious and abusive litigation orchestrated by Mr Hussain. The claimant failed to produce the alleged SPA, provided no evidence of board approval or consideration, and did not respond to the application. The proceedings were an abuse of process and had no real prospect of success.

Court Disposition

Claim struck out and reverse summary judgment granted for the defendants.

Orders

  • The claim is struck out under CPR 3.4(2)(a) and (b).
  • Summary judgment is granted in favour of the defendants under CPR 24.2.