CFC 26 Ltd & Anor v Brown Shipley & Co Ltd & Ors

CFC 26 Ltd & Anor v Brown Shipley & Co Ltd & Ors

Mr Yeganeh is the real party behind at least three totally without merit claims or applications relating to the sale of Sofia House, demonstrating persistence as required by Practice Direction 3C. The court is entitled to look beyond the named parties to the real party responsible for the litigation. An ECRO for two years is appropriate to prevent further abuse.

Parties
Claimant: CFC 26 Limited; Claimant: SHG-SH20 Limited; Defendant: Brown Shipley & Co Limited; Defendant: KBL European Private Bankers SA; Defendant: Concord W1 GPS Limited; Defendant: Concord 204 GPS Limited; Defendant: Westminster City Council; Defendant: Mr Din Hessam Yeganeh
Jurisdiction
England and Wales
Judgment Date
28 June 2017
Procedural Posture
Civil / Application for Extended Civil Restraint Order
Outcome
Extended Civil Restraint Order granted against Mr Din Hessam Yeganeh for two years.
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Practice Direction 3 C, Extended Civil Restraint Order
Civil Procedure Civil Restraint Orders Vexatious Litigation Practice Direction 3 C Extended Civil Restraint Order

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Parties

CFC 26 Limited

Claimant

SHG-SH20 Limited

Claimant

Brown Shipley & Co Limited

Defendant

KBL European Private Bankers SA

Defendant

Concord W1 GPS Limited

Defendant

Concord 204 GPS Limited

Defendant

Westminster City Council

Defendant

Mr Din Hessam Yeganeh

Defendant

Procedural Posture

Civil / Application for Extended Civil Restraint Order

Legal Issues

  1. 1 Whether an extended civil restraint order (ECRO) should be made against Mr Din Hessam Yeganeh
  2. 2 Interpretation of 'persistently' in Practice Direction 3C
  3. 3 Whether claims/applications in the name of third parties can be attributed to the real party behind them

Ratio Decidendi

Mr Yeganeh is the real party behind at least three totally without merit claims or applications relating to the sale of Sofia House, demonstrating persistence as required by Practice Direction 3C. The court is entitled to look beyond the named parties to the real party responsible for the litigation. An ECRO for two years is appropriate to prevent further abuse.

Court Disposition

Extended Civil Restraint Order granted against Mr Din Hessam Yeganeh for two years.

Orders

  • Mr Din Hessam Yeganeh is restrained from issuing claims or making applications in specified courts concerning any matter involving or relating to or touching upon or leading to the proceedings in which the order is made, without first obtaining the permission of a judge identified in the order, for a period of two...