Elite Property Holdings Ltd & Ors v BDO LLP

Elite Property Holdings Ltd & Ors v BDO LLP

The claim is a collateral attack on findings in the earlier Barclays litigation, specifically the finding that there was no real prospect of showing BDO conspired with Barclays to use unlawful means. The new claim alleges in substance the same conspiracy, and is therefore an abuse of process. Even if not struck out as an abuse, the claim discloses no reasonable grounds and has no real prospect of success as there is no evidence of an agreement between BDO and Barclays to injure the Claimants by unlawful means.

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 Civil Claim / Application to Strike Out Claim And/or Summary Judgment
Outcome
Claim struck out as an abuse of process; summary judgment for Defendant in the alternative
Legal Topics
Abuse of Process, Collateral Attack, Unlawful Means Conspiracy, Summary Judgment
Civil Procedure 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 Civil Claim / 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 claim constitutes a collateral attack on findings in the earlier Barclays litigation
  3. 3 Whether the statement of case discloses reasonable grounds for bringing the claim or has a real prospect of success

Ratio Decidendi

The claim is a collateral attack on findings in the earlier Barclays litigation, specifically the finding that there was no real prospect of showing BDO conspired with Barclays to use unlawful means. The new claim alleges in substance the same conspiracy, and is therefore an abuse of process. Even if not struck out as an abuse, the claim discloses no reasonable grounds and has no real prospect of success as there is no evidence of an agreement between BDO and Barclays to injure the Claimants by unlawful means.

Court Disposition

Claim struck out as an abuse of process; summary judgment for Defendant in the alternative

Orders

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