Barrowfen Properties Ltd v Patel & Ors [2021] EWHC 200 (Ch) (05 February 2020)

Barrowfen Properties Ltd v Patel & Ors [2021] EWHC 200 (Ch) (05 February 2020)

The court held that the allegations of fraud and conspiracy in the challenged paragraphs of the amended defence had a real prospect of success based on the pleaded facts and supporting documents, and should not be struck out at the interlocutory stage. However, the defence of illegality relating to the Aumkar fraud allegations was bound to fail due to lack of evidentiary support that Bedford received criminal property, and the relevant legal requirements were not satisfied. The court also found that certain voluntary particulars had no procedural status but would have permitted limited amendment if necessary. Permission to amend the defence was not expressly addressed but the substantive...

Citation
[2021] EWHC 200 (Ch)
Parties
Claimant: Barrowfen Properties Limited; First Defendant: Girish Dahyabhai Patel; Second Defendant: Stevens & Bolton LLP; Third Defendant: Barrowfen Properties II Limited
Jurisdiction
England and Wales
Judgment Date
05 February 2020
Procedural Posture
Strike Out Application in Ongoing Civil Proceedings / Interlocutory Judgment on Application to Strike Out Paragraphs of Amended Defence
Outcome
Application to strike out paragraphs of amended defence dismissed in part; allegations of fraud and conspiracy allowed to proceed, illegality defence relating to Aumkar fraud struck out.
Legal Topics
Strike Out Applications, Illegality Defence, Disclosure, Privilege, Conspiracy, Abuse of Process
Civil Procedure Company Law Fraud Legal Professional Privilege Strike Out Applications Illegality Defence Disclosure Privilege +2 more

Case Brief

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Parties

Barrowfen Properties Limited

Claimant

Girish Dahyabhai Patel

First Defendant

Stevens & Bolton LLP

Second Defendant

Barrowfen Properties II Limited

Third Defendant

Procedural Posture

Strike Out Application in Ongoing Civil Proceedings / Interlocutory Judgment on Application to Strike Out Paragraphs of Amended Defence

Legal Issues

  1. 1 Whether certain paragraphs in the amended defence should be struck out for lack of real prospect of success
  2. 2 Whether allegations of fraud, conspiracy, and illegality are properly pleaded and supported
  3. 3 Admissibility of documents subject to privilege

Ratio Decidendi

The court held that the allegations of fraud and conspiracy in the challenged paragraphs of the amended defence had a real prospect of success based on the pleaded facts and supporting documents, and should not be struck out at the interlocutory stage. However, the defence of illegality relating to the Aumkar fraud allegations was bound to fail due to lack of evidentiary support that Bedford received criminal property, and the relevant legal requirements were not satisfied. The court also found that certain voluntary particulars had no procedural status but would have permitted limited amendment if necessary. Permission to amend the defence was not expressly addressed but the substantive...

Court Disposition

Application to strike out paragraphs of amended defence dismissed in part; allegations of fraud and conspiracy allowed to proceed, illegality defence relating to Aumkar fraud struck out.

Orders

  • The challenged paragraphs relating to fraud and conspiracy in the amended defence are not struck out and may proceed to trial.
  • The defence of illegality relating to the Aumkar fraud allegations is struck out as bound to fail.