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 demonstrably false allegations and evidence, constitutes a continuing abuse of process that renders a fair trial impossible. The claims have no real prospect of success, particularly in light of overwhelming evidence of dishonesty in the mortgage and bank account applications, and the claimant's inability to provide credible explanations. The proceedings are dismissed as an abuse of process and/or under summary judgment principles.

Citation
[2005] EWHC 2450 (QB)
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) / Summary Judgment and Abuse of Process Application
Outcome
Claims dismissed as an abuse of process and/or by summary judgment in favour of the defendants.
Legal Topics
Summary Judgment, Abuse of Process, Justification (defamation), Qualified Privilege, Fraud, Dishonesty, Recusal of Judge, Civil Restraint Orders
Defamation Contract Law Tort (negligence) Civil Procedure Summary Judgment Abuse of Process Justification (defamation) Qualified Privilege +4 more

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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) / Summary Judgment and Abuse of Process Application

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 dismissed as an abuse of process due to the claimant's grossly dishonest conduct
  3. 3 Whether summary judgment should be granted to the defendants on the basis of no prospect of success

Ratio Decidendi

The claimant's conduct, including the manufacture and maintenance of demonstrably false allegations and evidence, constitutes a continuing abuse of process that renders a fair trial impossible. The claims have no real prospect of success, particularly in light of overwhelming evidence of dishonesty in the mortgage and bank account applications, and the claimant's inability to provide credible explanations. The proceedings are dismissed as an abuse of process and/or under summary judgment principles.

Court Disposition

Claims dismissed as an abuse of process and/or by summary judgment in favour of the defendants.

Orders

  • Proceedings dismissed against both defendants.
  • Application for civil restraint order to be considered separately.