Elu v Floorweald Ltd [2020] EWHC 1222 (QB) (15 May 2020)

Elu v Floorweald Ltd [2020] EWHC 1222 (QB) (15 May 2020)

The defendant's fraud allegations are struck out as an abuse of process and/or res judicata because the matters were or could and should have been raised in the County Court proceedings, the evidence relied upon was available at the time, and the defendant failed to plead fraud or comply with procedural requirements. The attempt to relitigate these issues is not justified under the fraud exception, as there is no genuinely fresh evidence.

Citation
[2020] EWHC 1222
Parties
Claimant/respondent: Ms Francesca Elu; Defendant/appellant: Floorweald Limited
Jurisdiction
England and Wales
Judgment Date
15 May 2020
Procedural Posture
Appeal / Application to Strike Out Preliminary Issue (fraud) in High Court on Appeal From County Court
Outcome
Application allowed; Statement of Case on fraud struck out
Legal Topics
Res Judicata, Abuse of Process, Fraud on the Court, Landlord and Tenant, Damages, Relief From Sanctions
Civil Procedure Property Law Res Judicata Abuse of Process Fraud on the Court Landlord and Tenant Damages Relief From Sanctions

Case Brief

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Parties

Ms Francesca Elu

Claimant/respondent

Floorweald Limited

Defendant/appellant

Procedural Posture

Appeal / Application to Strike Out Preliminary Issue (fraud) in High Court on Appeal From County Court

Legal Issues

  1. 1 Whether the defendant's fraud allegations are res judicata or an abuse of process
  2. 2 Whether the Statement of Case on fraud should be struck out under CPR 3.4(2)(b)
  3. 3 Whether the fraud issue is based on fresh evidence

Ratio Decidendi

The defendant's fraud allegations are struck out as an abuse of process and/or res judicata because the matters were or could and should have been raised in the County Court proceedings, the evidence relied upon was available at the time, and the defendant failed to plead fraud or comply with procedural requirements. The attempt to relitigate these issues is not justified under the fraud exception, as there is no genuinely fresh evidence.

Court Disposition

Application allowed; Statement of Case on fraud struck out

Orders

  • The Statement of Case on the fraud issue is struck out as an abuse of process and/or res judicata.
  • The appeal is stayed pending resolution of the preliminary issue is lifted.