INTENSITY HOLDINGS S.A. v STRATTON MORTGAGE FUNDING 2019-1 PLC & Ors

INTENSITY HOLDINGS S.A. v STRATTON MORTGAGE FUNDING 2019-1 PLC & Ors

The claim was struck out and summary judgment granted because the claimant's case was wholly unconvincing, based on a fabricated agreement, unsupported by any evidence, and was a continuation of vexatious and abusive litigation orchestrated by Mr Hussain or his associates. There was no real prospect of success and the proceedings were an abuse of process.

Parties
Claimant/respondent: Intensity Holdings S.A.; Defendant/applicant: Stratton Mortgage Funding 2019-1 PLC; Defendant/applicant: Clavis Securities PLC; Defendant/applicant: Bluestone Mortgages Limited; Defendant/applicant: Kensington Mortgage Company Limited; Defendant/applicant: Rooftop Mortgages Limited; Defendant/applicant: Stratton Hawksmoor 2022-1 PLC; Defendant/applicant: Aline Sternberg
Jurisdiction
England and Wales
Judgment Date
12 January 2023
Procedural Posture
Civil (business and Property) / Application for Strike Out And/or Summary Judgment
Outcome
Claim struck out and reverse summary judgment granted for the defendants.
Legal Topics
Strike Out Applications, Summary Judgment, Abuse of Process, Securitisation, Vexatious Litigation
Civil Procedure Commercial Law Insolvency Strike Out Applications Summary Judgment Abuse of Process Securitisation Vexatious Litigation

Case Brief

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Parties

Intensity Holdings S.A.

Claimant/respondent

Stratton Mortgage Funding 2019-1 PLC

Defendant/applicant

Clavis Securities PLC

Defendant/applicant

Bluestone Mortgages Limited

Defendant/applicant

Kensington Mortgage Company Limited

Defendant/applicant

Rooftop Mortgages Limited

Defendant/applicant

Stratton Hawksmoor 2022-1 PLC

Defendant/applicant

Aline Sternberg

Defendant/applicant

Procedural Posture

Civil (business and Property) / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim discloses any reasonable grounds for bringing the claim
  2. 2 Whether the claimant has any real prospect of success
  3. 3 Whether the proceedings are an abuse of process

Ratio Decidendi

The claim was struck out and summary judgment granted because the claimant's case was wholly unconvincing, based on a fabricated agreement, unsupported by any evidence, and was a continuation of vexatious and abusive litigation orchestrated by Mr Hussain or his associates. There was no real prospect of success and the proceedings were an abuse of process.

Court Disposition

Claim struck out and reverse summary judgment granted for the defendants.

Orders

  • The claim is struck out in its entirety.
  • Reverse summary judgment is entered for the defendants.