Senna v Henderson & Ors [2021] EWHC 453 (QB) (09 March 2021)

Senna v Henderson & Ors [2021] EWHC 453 (QB) (09 March 2021)

The claims are struck out as an abuse of process under CPR r 3.4(2)(b) due to the claimant's serious misconduct, including threats, attempts to bribe a witness, repeated vexatious and meritless applications, and deliberate non-compliance with court orders. The particulars of claim are incoherent, fail to disclose any reasonable cause of action, and summary judgment is appropriate as there is no real prospect of success. The claimant's conduct is so egregious that it would be an affront to the court to permit the claims to proceed.

Citation
[2021] EWHC 453
Parties
Claimant: Raj Pal Senna; Defendant: Connor William Henderson; Defendant: CCHG Ltd T/A VPZ; Defendant: Mariangeles Ariadna Nowacki; Defendant: Brodies LLP; Defendant: Callum Robert Henderson
Jurisdiction
England and Wales
Judgment Date
09 March 2021
Procedural Posture
Civil Strike Out/ Summary Judgment Applications / High Court Judgment on Defendants' Applications to Strike Out/summary Judgment
Outcome
Claims struck out; summary judgment for defendants
Legal Topics
Strike Out Applications, Summary Judgment, Abuse of Process, Harassment, Breach of Contract, Fraud, Tortious Interference, Civil Restraint Orders
Civil Procedure Abuse of Process Harassment Contract Law Strike Out Applications Summary Judgment Breach of Contract Fraud +2 more

Case Brief

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Parties

Raj Pal Senna

Claimant

Connor William Henderson

Defendant

CCHG Ltd T/A VPZ

Defendant

Mariangeles Ariadna Nowacki

Defendant

Brodies LLP

Defendant

Callum Robert Henderson

Defendant

Procedural Posture

Civil Strike Out/ Summary Judgment Applications / High Court Judgment on Defendants' Applications to Strike Out/summary Judgment

Legal Issues

  1. 1 Whether the claims should be struck out as an abuse of process under CPR r 3.4(2)
  2. 2 Whether summary judgment should be granted under CPR r 24.2
  3. 3 Whether the claimant's conduct constitutes an abuse of process justifying strike out

Ratio Decidendi

The claims are struck out as an abuse of process under CPR r 3.4(2)(b) due to the claimant's serious misconduct, including threats, attempts to bribe a witness, repeated vexatious and meritless applications, and deliberate non-compliance with court orders. The particulars of claim are incoherent, fail to disclose any reasonable cause of action, and summary judgment is appropriate as there is no real prospect of success. The claimant's conduct is so egregious that it would be an affront to the court to permit the claims to proceed.

Court Disposition

Claims struck out; summary judgment for defendants

Orders

  • All claims against all defendants in both actions are struck out as an abuse of process under CPR r 3.4(2)(b) and/or for failure to disclose reasonable grounds under CPR r 3.4(2)(a) and/or summary judgment under CPR r 24.2.
  • All outstanding applications by the claimant are dismissed as totally without merit.