King & Ors v Stiefel & Ors [2021] EWHC 1045 (Comm) (26 April 2021)

King & Ors v Stiefel & Ors [2021] EWHC 1045 (Comm) (26 April 2021)

The claim is struck out and/or summary judgment granted in favour of the defendants because the particulars of claim do not disclose a reasonable cause of action, the claims are fanciful and have no real prospect of success, and the litigation is an abuse of process. The allegations of conspiracy and fraud are inadequately pleaded, unsupported by evidence, and contradicted by contemporaneous documents and prior judicial findings. The finality of the previous costs assessment and the absence of any actionable unlawful means preclude the claims. Procedural objections raised by the claimants are misconceived and do not affect the outcome.

Citation
[2021] EWHC 1045 (Comm)
Parties
Claimant: Anthony Douglas King; Claimant: James Patrick King; Claimant: Susan May King; Defendant: Barry Stiefel; Defendant: Robin Fisher; Defendant: Peter Swain; Defendant: Primekings Holding Limited; Defendant: Clare Victoria Toomer; Defendant: Roderick John Cowper; Defendant: Peter David Levinger; Defendant: Teacher Stern LLP; Defendant: Paul Downes QC; Defendant: Jacob Isaac Rabinowicz
Jurisdiction
England and Wales
Judgment Date
26 April 2021
Procedural Posture
Civil Commercial Court / Strike Out and Summary Judgment Applications
Outcome
Claim struck out and/or summary judgment granted for the defendants
Legal Topics
Strike Out Applications, Summary Judgment, Fraudulent Misrepresentation, Unlawful Means Conspiracy, Costs Orders, Abuse of Process
Civil Procedure Commercial Law Tort Strike Out Applications Summary Judgment Fraudulent Misrepresentation Unlawful Means Conspiracy Costs Orders +1 more

Case Brief

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Parties

Anthony Douglas King

Claimant

James Patrick King

Claimant

Susan May King

Claimant

Barry Stiefel

Defendant

Robin Fisher

Defendant

Peter Swain

Defendant

Primekings Holding Limited

Defendant

Clare Victoria Toomer

Defendant

Roderick John Cowper

Defendant

Peter David Levinger

Defendant

Teacher Stern LLP

Defendant

Paul Downes QC

Defendant

Jacob Isaac Rabinowicz

Defendant

Procedural Posture

Civil Commercial Court / Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the claim in unlawful means conspiracy should be struck out or summarily dismissed
  2. 2 Whether the particulars of claim disclose a reasonable cause of action
  3. 3 Whether the claimants have a real prospect of success

Ratio Decidendi

The claim is struck out and/or summary judgment granted in favour of the defendants because the particulars of claim do not disclose a reasonable cause of action, the claims are fanciful and have no real prospect of success, and the litigation is an abuse of process. The allegations of conspiracy and fraud are inadequately pleaded, unsupported by evidence, and contradicted by contemporaneous documents and prior judicial findings. The finality of the previous costs assessment and the absence of any actionable unlawful means preclude the claims. Procedural objections raised by the claimants are misconceived and do not affect the outcome.

Court Disposition

Claim struck out and/or summary judgment granted for the defendants

Orders

  • The claim is struck out as disclosing no reasonable cause of action and/or as an abuse of process.
  • Summary judgment is granted in favour of the defendants.