Djurberg v Thames Properties (Hampton) Ltd & Ors [2023] EWHC 1444 (Ch) (14 June 2023)
The claimant's claims are fanciful and unsupported by credible evidence; he failed to establish ownership, value, or wrongful deprivation of assets, or any surviving mooring rights; the defendants have shown the claim has no realistic prospect of success and are entitled to summary judgment.
- Citation
- [2023] EWHC 1444 (Ch)
- Parties
- Claimant: Myck Djurberg; First Defendant: Thames Properties (Hampton) Limited; Second Defendant: Rodriguez Doll; Third Defendant: Gregory Collier
- Jurisdiction
- England and Wales
- Judgment Date
- 14 June 2023
- Procedural Posture
- Civil Property/probate / Application for Strike Out or Reverse Summary Judgment
- Outcome
- Claim dismissed by reverse summary judgment in favour of the defendants.
- Legal Topics
- Summary Judgment, Strike Out, Conversion, Trespass to Goods, Breach of Settlement Agreement, Mooring Rights, Bankruptcy and Exempt Property
Case Brief
Summary, issues, holding and outcome
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Parties
Myck Djurberg
Claimant
Thames Properties (Hampton) Limited
First Defendant
Rodriguez Doll
Second Defendant
Gregory Collier
Third Defendant
Procedural Posture
Civil Property/probate / Application for Strike Out or Reverse Summary Judgment
Legal Issues
- 1 Whether the claimant has a realistic prospect of success on claims for conversion, breach of agreement, and mooring rights; whether the claim should be struck out or dismissed by summary judgment.
Ratio Decidendi
The claimant's claims are fanciful and unsupported by credible evidence; he failed to establish ownership, value, or wrongful deprivation of assets, or any surviving mooring rights; the defendants have shown the claim has no realistic prospect of success and are entitled to summary judgment.
Court Disposition
Claim dismissed by reverse summary judgment in favour of the defendants.
Orders
- Reverse summary judgment granted to the defendants.
- Claim dismissed in its entirety.
Full Case Text
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