Johnson v Perot Systems Europe Ltd & Anor [2005] EWHC 2450 (QB) (11 November 2005)

Johnson v Perot Systems Europe Ltd & Anor [2005] EWHC 2450 (QB) (11 November 2005)

The claimant's conduct, including the manufacture and maintenance of false evidence, persistent dishonesty, and inability to recall material facts, renders a fair trial impossible and constitutes an abuse of process. The claims have no real prospect of success, particularly in light of overwhelming evidence of dishonesty in the mortgage and bank applications, and the proceedings are struck out and/or summary judgment granted for the defendants.

Citation
[2005] EWHC 2450
Parties
Claimant: Michael Johnson; First Defendant: Perot Systems Europe Limited; Second Defendant: Simon Browning-Hull
Jurisdiction
England and Wales
Judgment Date
11 November 2005
Procedural Posture
Civil (defamation, Contract, Negligence) / Application for Summary Judgment And/or Strike Out for Abuse of Process
Outcome
Claims dismissed; summary judgment and/or strike out granted for defendants.
Legal Topics
Summary Judgment, Abuse of Process, Qualified Privilege, Justification (defamation), Dishonesty, Fraud, Strike Out Applications
Defamation Contract Law Tort (negligence) Civil Procedure Summary Judgment Abuse of Process Qualified Privilege Justification (defamation) +3 more

Case Brief

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Parties

Michael Johnson

Claimant

Perot Systems Europe Limited

First Defendant

Simon Browning-Hull

Second Defendant

Procedural Posture

Civil (defamation, Contract, Negligence) / Application for Summary Judgment And/or Strike Out for Abuse of Process

Legal Issues

  1. 1 Whether the claimant's claims in defamation, contract, and negligence have any real prospect of success
  2. 2 Whether the proceedings should be struck out or stayed as an abuse of process due to the claimant's grossly dishonest conduct
  3. 3 Whether a fair trial is possible given the claimant's conduct and loss of memory

Ratio Decidendi

The claimant's conduct, including the manufacture and maintenance of false evidence, persistent dishonesty, and inability to recall material facts, renders a fair trial impossible and constitutes an abuse of process. The claims have no real prospect of success, particularly in light of overwhelming evidence of dishonesty in the mortgage and bank applications, and the proceedings are struck out and/or summary judgment granted for the defendants.

Court Disposition

Claims dismissed; summary judgment and/or strike out granted for defendants.

Orders

  • The claimant's claims are dismissed in their entirety.
  • Proceedings are struck out as an abuse of process and/or summary judgment is entered for the defendants.