Elite Property Holdings Ltd & Ors v BDO LLP [2020] EWHC 1937 (Comm) (20 July 2020)

Elite Property Holdings Ltd & Ors v BDO LLP [2020] EWHC 1937 (Comm) (20 July 2020)

The present claim is a collateral attack on findings made in the previous Barclays litigation, specifically the absence of any agreement or conspiracy between BDO and Barclays, and is therefore an abuse of process. Even if not struck out for abuse, the claim discloses no reasonable prospect of success as there is no evidence of a tortious agreement between BDO and Barclays.

Citation
[2020] EWHC 1937 (Comm)
Parties
Claimant: Elite Property Holdings Limited; Claimant: Decolave Properties Limited; Claimant: Travelforce Limited; Defendant: BDO LLP
Jurisdiction
England and Wales
Judgment Date
20 July 2020
Procedural Posture
Commercial Court Claim (queen's Bench Division) / Application to Strike Out Claim And/or Summary Judgment
Outcome
Claim struck out as an abuse of process; alternatively, summary judgment for the Defendant.
Legal Topics
Abuse of Process, Collateral Attack, Unlawful Means Conspiracy, Summary Judgment
Civil Procedure Commercial Law Tort Abuse of Process Collateral Attack Unlawful Means Conspiracy Summary Judgment

Case Brief

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Parties

Elite Property Holdings Limited

Claimant

Decolave Properties Limited

Claimant

Travelforce Limited

Claimant

BDO LLP

Defendant

Procedural Posture

Commercial Court Claim (queen's Bench Division) / Application to Strike Out Claim And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim against BDO LLP is an abuse of process for not being joined in earlier proceedings against Barclays
  2. 2 Whether the present claim constitutes a collateral attack on findings made in previous litigation against Barclays
  3. 3 Whether the statement of case discloses any reasonable grounds for bringing the claim or any real prospect of success

Ratio Decidendi

The present claim is a collateral attack on findings made in the previous Barclays litigation, specifically the absence of any agreement or conspiracy between BDO and Barclays, and is therefore an abuse of process. Even if not struck out for abuse, the claim discloses no reasonable prospect of success as there is no evidence of a tortious agreement between BDO and Barclays.

Court Disposition

Claim struck out as an abuse of process; alternatively, summary judgment for the Defendant.

Orders

  • Claim struck out as an abuse of process (collateral attack)
  • Summary judgment for Defendant BDO LLP (no real prospect of success)