Barabutu & Anor v Timmis

Barabutu & Anor v Timmis

The claim is an abuse of process as it repeats previously struck out claims, is brought by a nominal claimant on behalf of Mr Gayle-Childs, and is time-barred under the Limitation Act 1980; therefore, it must be struck out as totally without merit.

Parties
Claimant: Christian Barabutu; Claimant: Leslie Gayle-Childs; Defendant: Elizabeth Timmis (aka Elizabeth Claxton)
Jurisdiction
England and Wales
Judgment Date
02 June 2017
Procedural Posture
Civil / Judgment
Outcome
Claim struck out as totally without merit; claimant's applications dismissed.
Legal Topics
Abuse of Process, Limitation Period, Assignment of Claims, Civil Restraint Orders
Civil Procedure Trust Law Abuse of Process Limitation Period Assignment of Claims Civil Restraint Orders

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Parties

Christian Barabutu

Claimant

Leslie Gayle-Childs

Claimant

Elizabeth Timmis (aka Elizabeth Claxton)

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the claim is an abuse of court process
  2. 2 Whether the claim is time-barred under limitation law
  3. 3 Whether the claimant is a nominal party

Ratio Decidendi

The claim is an abuse of process as it repeats previously struck out claims, is brought by a nominal claimant on behalf of Mr Gayle-Childs, and is time-barred under the Limitation Act 1980; therefore, it must be struck out as totally without merit.

Court Disposition

Claim struck out as totally without merit; claimant's applications dismissed.

Orders

  • Claim struck out under CPR 3.4(2)(a) and (b)
  • Claimant's application to set aside order dated 9 February 2017 dismissed