Onafeko v Halifax Plc & Anor [2013] EWHC B42 (QB) (14 November 2013)

Onafeko v Halifax Plc & Anor [2013] EWHC B42 (QB) (14 November 2013)

The claims against the first and second defendants are struck out because they are either res judicata, constitute an abuse of process, are vague and unparticularised, or have no real prospect of success. The claimant's pleadings do not disclose a reasonable cause of action against these defendants.

Citation
[2013] EWHC B42 (QB)
Parties
Claimant: David Onafeko; First Defendant: Halifax PLC; Second Defendant: Halifax Insurance (Ireland) Limited; Third Defendant: Third Defendant
Jurisdiction
England and Wales
Judgment Date
14 November 2013
Procedural Posture
Civil / Application for Strike Out And/or Summary Judgment
Outcome
Claims against the first and second defendants struck out and/or summary judgment granted in their favour.
Legal Topics
Strike Out Applications, Summary Judgment, Abuse of Process, Mortgage Disputes, Possession Proceedings, Insurance Claims, Damages, Negligence, Data Protection
Civil Procedure Contract Law Property Law Strike Out Applications Summary Judgment Abuse of Process Mortgage Disputes Possession Proceedings +4 more

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Parties

David Onafeko

Claimant

Halifax PLC

First Defendant

Halifax Insurance (Ireland) Limited

Second Defendant

Third Defendant

Third Defendant

Procedural Posture

Civil / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claims against the first and second defendants should be struck out or disposed of by summary judgment
  2. 2 Whether the claimant's claims are an abuse of process or disclose no reasonable grounds
  3. 3 Whether the claims are properly pleaded or in breach of court orders

Ratio Decidendi

The claims against the first and second defendants are struck out because they are either res judicata, constitute an abuse of process, are vague and unparticularised, or have no real prospect of success. The claimant's pleadings do not disclose a reasonable cause of action against these defendants.

Court Disposition

Claims against the first and second defendants struck out and/or summary judgment granted in their favour.

Orders

  • Claims against first and second defendants struck out.
  • Summary judgment entered for first and second defendants.