Johnson v Devon And Cornwall Police & Ors [2023] EWHC 690 (Ch) (15 February 2023)

Johnson v Devon And Cornwall Police & Ors [2023] EWHC 690 (Ch) (15 February 2023)

The particulars of claim failed to disclose any reasonable grounds, did not identify causes of action or responsible defendants, and did not comply with procedural requirements. The claim was an abuse of process and impeded the just disposal of proceedings. The claim against the third defendant was not properly served and had expired. Relief from sanction was granted to the fifth defendant for late filing, but the claim was struck out against the first, second, and fifth defendants under CPR 3.4(2).

Citation
[2023] EWHC 690 (Ch)
Parties
Claimant: Alison Meryl Johnson; First Defendant: Shaun Sawyer, Chief Constable of Devon and Cornwall Police; Second Defendant: Sarah Crew, Chief Constable of Avon and Somerset Police; Third Defendant: The Manager, Exeter Insolvency Service; Fourth Defendant: The Court Manager, Exeter Crown and County Courts; Fifth Defendant: Mr Robin Budenberg
Jurisdiction
England and Wales
Judgment Date
15 February 2023
Procedural Posture
Civil (business List, Chancery Division) / Strike Out and Summary Judgment Applications
Outcome
Claim struck out against first, second, and fifth defendants; claim against third defendant expired for lack of service; relief from sanction granted to fifth defendant; no costs awarded to third defendant.
Legal Topics
Strike Out Applications, Summary Judgment, Service of Process, Pleading Requirements, Relief From Sanctions, Costs, Litigants in Person, Collateral Attack on Criminal Conviction
Civil Procedure Insolvency Human Rights Strike Out Applications Summary Judgment Service of Process Pleading Requirements Relief From Sanctions +3 more

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Parties

Alison Meryl Johnson

Claimant

Shaun Sawyer, Chief Constable of Devon and Cornwall Police

First Defendant

Sarah Crew, Chief Constable of Avon and Somerset Police

Second Defendant

The Manager, Exeter Insolvency Service

Third Defendant

The Court Manager, Exeter Crown and County Courts

Fourth Defendant

Mr Robin Budenberg

Fifth Defendant

Procedural Posture

Civil (business List, Chancery Division) / Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the claim against the third defendant was properly served and could proceed
  2. 2 Whether the particulars of claim disclosed reasonable grounds for bringing the claim
  3. 3 Whether the claim was an abuse of process or impeded the just disposal of proceedings

Ratio Decidendi

The particulars of claim failed to disclose any reasonable grounds, did not identify causes of action or responsible defendants, and did not comply with procedural requirements. The claim was an abuse of process and impeded the just disposal of proceedings. The claim against the third defendant was not properly served and had expired. Relief from sanction was granted to the fifth defendant for late filing, but the claim was struck out against the first, second, and fifth defendants under CPR 3.4(2).

Court Disposition

Claim struck out against first, second, and fifth defendants; claim against third defendant expired for lack of service; relief from sanction granted to fifth defendant; no costs awarded to third defendant.

Orders

  • Claim struck out against first, second, and fifth defendants under CPR 3.4(2)
  • Relief from sanction granted to fifth defendant for late filing of acknowledgement of service and defence