King & Ors v Stiefel & Ors

King & Ors v Stiefel & Ors

The claim is struck out and/or summary judgment granted because it does not plead a complete cause of action in unlawful means conspiracy, lacks causation and knowledge, is barred by issue estoppel and abuse of process due to prior costs assessment and discontinuance, and fails to plead actionable loss; costs claims are precluded by the final costs certificate; allegations of fraud and threats are inadequately particularised.

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
Commercial Civil Claim / Strike Out and Summary Judgment Applications
Outcome
Claim struck out and/or summary judgment granted for all Defendants.
Legal Topics
Unlawful Means Conspiracy, Fraudulent Misrepresentation, Professional Negligence, Abuse of Process, Issue Estoppel, Summary Judgment, Strike Out, Costs Assessment
Civil Procedure Tort Costs Unlawful Means Conspiracy Fraudulent Misrepresentation Professional Negligence Abuse of Process Issue Estoppel +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 20 Party arguments 2 Amounts and remedies 7
Sign in to unlock

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

Commercial Civil Claim / Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the claim discloses a complete cause of action in unlawful means conspiracy
  2. 2 Whether the claim is barred by issue estoppel or abuse of process due to prior costs assessment
  3. 3 Whether the claim is abusive under CPR 38.7 due to discontinuance of prior proceedings

Ratio Decidendi

The claim is struck out and/or summary judgment granted because it does not plead a complete cause of action in unlawful means conspiracy, lacks causation and knowledge, is barred by issue estoppel and abuse of process due to prior costs assessment and discontinuance, and fails to plead actionable loss; costs claims are precluded by the final costs certificate; allegations of fraud and threats are inadequately particularised.

Court Disposition

Claim struck out and/or summary judgment granted for all Defendants.

Orders

  • Claim dismissed against all Defendants.
  • No permission to amend or replead granted.