Fabb & Ors v Peters & Ors

Fabb & Ors v Peters & Ors

The claims are struck out as they disclose no reasonable cause of action, are an abuse of process, and are totally without merit. The Claimants lacked standing at the time of issue, the causes of action were vested in the trustee in bankruptcy, and the claims are unsustainable in law. The court grants a general civil restraint order against Mr Fabb and, under inherent jurisdiction, against Alpa and CKE. Indemnity costs are awarded to the Defendants.

Parties
Claimant: David Lawrence Fabb; Claimant: Alpa Industries Limited; Claimant: CKE Engineering Limited; Defendant: Andrew Philip Peters; Defendant: William Kenneth Dawson; Defendant: Greig Mitchell; Defendant: Deloitte LLP
Jurisdiction
England and Wales
Judgment Date
18 January 2013
Procedural Posture
Civil (insolvency/company) / Application to Strike Out And/or Summary Judgment
Outcome
Claims struck out as totally without merit; general civil restraint order granted; indemnity costs awarded to Defendants.
Legal Topics
Abuse of Process, Misfeasance, Negligence, Malicious Prosecution, Civil Restraint Orders, Bankruptcy
Insolvency Civil Procedure Company Law Abuse of Process Misfeasance Negligence Malicious Prosecution Civil Restraint Orders +1 more

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Parties

David Lawrence Fabb

Claimant

Alpa Industries Limited

Claimant

CKE Engineering Limited

Claimant

Andrew Philip Peters

Defendant

William Kenneth Dawson

Defendant

Greig Mitchell

Defendant

Deloitte LLP

Defendant

Procedural Posture

Civil (insolvency/company) / Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claims by the Claimants disclose any reasonable cause of action in negligence, misfeasance, or malicious prosecution
  2. 2 Whether the proceedings are an abuse of process due to lack of standing or being issued by non-existent entities
  3. 3 Whether a civil restraint order should be made against the Claimants

Ratio Decidendi

The claims are struck out as they disclose no reasonable cause of action, are an abuse of process, and are totally without merit. The Claimants lacked standing at the time of issue, the causes of action were vested in the trustee in bankruptcy, and the claims are unsustainable in law. The court grants a general civil restraint order against Mr Fabb and, under inherent jurisdiction, against Alpa and CKE. Indemnity costs are awarded to the Defendants.

Court Disposition

Claims struck out as totally without merit; general civil restraint order granted; indemnity costs awarded to Defendants.

Orders

  • All claims by the Claimants are struck out as totally without merit.
  • Judgment entered for the Defendants.