Myck Djurberg v Thames Properties (Hampton) Limited & Ors

Myck Djurberg v Thames Properties (Hampton) Limited & Ors

The claim is fanciful and unsupported by cogent evidence. The claimant failed to establish ownership, value, or loss of assets, or that he was prevented from removing them. There is no evidence of surviving mooring rights or breach of the settlement agreement. The claim discloses no realistic prospect of success and is dismissed by way of reverse summary judgment.

Parties
Claimant: Myck Djurberg; First Defendant: Thames Properties (Hampton) Limited; Second Defendant: Rodriguez Doll; Third Defendant: Gregory Collier
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Property/probate / Application for Strike Out or Reverse Summary Judgment
Outcome
Claim dismissed by reverse summary judgment
Legal Topics
Summary Judgment, Strike Out, Conversion, Interference With Goods, Breach of Settlement Agreement, Mooring Rights, Bankruptcy and Vesting of Assets
Property Law Civil Procedure Bankruptcy Summary Judgment Strike Out Conversion Interference With Goods Breach of Settlement Agreement +2 more

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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. 1 Whether the claim discloses a realistic prospect of success or is fanciful
  2. 2 Whether the claimant has provided sufficient evidence of ownership, value, and loss of assets
  3. 3 Whether the claimant was prevented from accessing or removing his property

Ratio Decidendi

The claim is fanciful and unsupported by cogent evidence. The claimant failed to establish ownership, value, or loss of assets, or that he was prevented from removing them. There is no evidence of surviving mooring rights or breach of the settlement agreement. The claim discloses no realistic prospect of success and is dismissed by way of reverse summary judgment.

Court Disposition

Claim dismissed by reverse summary judgment

Orders

  • Reverse summary judgment granted to Defendants
  • Hearing of consequential matters and application for extended civil restraint order adjourned