Eurohome UK Mortgages 2007-1 PLC & Ors v Deutsche Bank AG, London Branch & Anor

Eurohome UK Mortgages 2007-1 PLC & Ors v Deutsche Bank AG, London Branch & Anor

The claim was struck out because the claimants lacked authority to bring proceedings, the purported directors (ADFDs) were never validly appointed, the consultancy agreements with Beyat were invalid, and the claim was an abuse of process.

Parties
Claimant/respondent: Eurohome UK Mortgages 2007-1 PLC; Claimant/respondent: Eurohome UK Mortgages 2007-2 PLC; Claimant/respondent: Beyat Holdings Limited; Defendant/applicant: Deutsche Bank AG, London Branch; Defendant/applicant: Olufemi Oye
Jurisdiction
England and Wales
Judgment Date
14 July 2022
Procedural Posture
Commercial / Application to Strike Out and Summary Judgment
Outcome
Claim struck out as totally without merit; summary judgment granted for defendants; costs awarded on indemnity basis.
Legal Topics
Authority of Directors, Abuse of Process, Summary Judgment, Indemnity Costs
Company Law Civil Procedure Authority of Directors Abuse of Process Summary Judgment Indemnity Costs

Case Brief

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Parties

Eurohome UK Mortgages 2007-1 PLC

Claimant/respondent

Eurohome UK Mortgages 2007-2 PLC

Claimant/respondent

Beyat Holdings Limited

Claimant/respondent

Deutsche Bank AG, London Branch

Defendant/applicant

Olufemi Oye

Defendant/applicant

Procedural Posture

Commercial / Application to Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether the claimants had authority to bring proceedings
  2. 2 Whether consultancy agreements with Beyat were valid
  3. 3 Whether the defendants breached bank agreements

Ratio Decidendi

The claim was struck out because the claimants lacked authority to bring proceedings, the purported directors (ADFDs) were never validly appointed, the consultancy agreements with Beyat were invalid, and the claim was an abuse of process.

Court Disposition

Claim struck out as totally without merit; summary judgment granted for defendants; costs awarded on indemnity basis.

Orders

  • Claim struck out under CPR 3.4(2)(a) and (b)
  • Summary judgment granted under CPR 24.2