Moorjani v Kilcoyne (Rev 1)
The claim is an impermissible collateral attack on previous judgments, does not disclose reasonable grounds, and lacks real prospects of success. The defendant's conduct amounted at most to errors of judgment, not negligence. The claim is struck out and summarily dismissed.
- Parties
- Claimant: Mansing Moorjani; Defendant: Desmond Kilcoyne
- Jurisdiction
- England and Wales
- Judgment Date
- 21 December 2020
- Procedural Posture
- Professional Negligence / Strike Out and Summary Judgment Application
- Outcome
- Claim struck out and summarily dismissed
- Legal Topics
- Abuse of Process, Summary Judgment, Barrister's Duty of Care, Collateral Attack, Advocacy Immunity
Case Brief
Summary, issues, holding and outcome
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Parties
Mansing Moorjani
Claimant
Desmond Kilcoyne
Defendant
Procedural Posture
Professional Negligence / Strike Out and Summary Judgment Application
Legal Issues
- 1 Whether the claim constitutes an impermissible collateral attack on previous judgments
- 2 Whether the claim discloses reasonable grounds for bringing a claim
- 3 Whether the defendant breached the duty of care as a barrister
Ratio Decidendi
The claim is an impermissible collateral attack on previous judgments, does not disclose reasonable grounds, and lacks real prospects of success. The defendant's conduct amounted at most to errors of judgment, not negligence. The claim is struck out and summarily dismissed.
Court Disposition
Claim struck out and summarily dismissed
Orders
- All allegations struck out as impermissible collateral attack or lacking reasonable prospect of success
- No further opportunity to particularise allegations
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