SLF Associates Inc v (1) HSBC (UK) Bank Plc & Ors

SLF Associates Inc v (1) HSBC (UK) Bank Plc & Ors

The Redemption Claim is both a collateral attack on the Possession Judgment and a breach of the Aldi Guidelines, amounting to an abuse of process. SLF failed to raise the Redemption Claim in the possession proceedings, did not provide credible evidence of funding, and sought to use the claim to delay enforcement of the Possession Order. The court exercises its discretion to strike out the Redemption Claim under CPR 3.4(2)(b).

Parties
Claimant: SLF Associates Inc; First Defendant: HSBC (UK) Bank PLC; Second Defendant: Mrs Kathryn Ann Durnford; Third Defendant (as Trustee in Bankruptcy of Mrs Durnford): The Official Receiver
Jurisdiction
England and Wales
Judgment Date
06 January 2021
Procedural Posture
Civil (property/trusts/probate) / Ruling on Application to Strike Out Claim
Outcome
Claim struck out as an abuse of process (collateral attack and breach of Aldi Guidelines) under CPR 3.4(2)(b)
Legal Topics
Mortgage Redemption, Abuse of Process, Collateral Attack, Case Management (aldi Guidelines), Equity of Redemption, Specific Performance, Security for Costs
Property Law Civil Procedure Bankruptcy Mortgage Redemption Abuse of Process Collateral Attack Case Management (aldi Guidelines) Equity of Redemption +2 more

Case Brief

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Parties

SLF Associates Inc

Claimant

HSBC (UK) Bank PLC

First Defendant

Mrs Kathryn Ann Durnford

Second Defendant

The Official Receiver

Third Defendant (as Trustee in Bankruptcy of Mrs Durnford)

Procedural Posture

Civil (property/trusts/probate) / Ruling on Application to Strike Out Claim

Legal Issues

  1. 1 Whether the Redemption Claim by SLF Associates Inc should be struck out as an abuse of process and/or collateral attack on a prior possession judgment
  2. 2 Whether the Redemption Claim is inchoate, incoherent, or insufficient
  3. 3 Whether the Aldi Guidelines were breached by failing to raise the Redemption Claim in earlier proceedings

Ratio Decidendi

The Redemption Claim is both a collateral attack on the Possession Judgment and a breach of the Aldi Guidelines, amounting to an abuse of process. SLF failed to raise the Redemption Claim in the possession proceedings, did not provide credible evidence of funding, and sought to use the claim to delay enforcement of the Possession Order. The court exercises its discretion to strike out the Redemption Claim under CPR 3.4(2)(b).

Court Disposition

Claim struck out as an abuse of process (collateral attack and breach of Aldi Guidelines) under CPR 3.4(2)(b)

Orders

  • Redemption Claim struck out under CPR 3.4(2)(b)
  • Joinder of the Trustee on the terms proposed