Muhammad Asif v Freers Askew Bunting Solicitors Limited & Anor

Muhammad Asif v Freers Askew Bunting Solicitors Limited & Anor

The claim was struck out as an abuse of process because it sought to relitigate, on the same evidence, the issue of whether the Claimant was the true lender, which had already been determined adversely to him in prior criminal proceedings. There was no new evidence, and allowing the claim would bring the administration of justice into disrepute. Alternatively, the claim disclosed no reasonable grounds and had no real prospect of success as the evidence did not support the Claimant's case.

Parties
Claimant: Muhammad Asif; Defendant: Freers Askew Bunting Solicitors Limited; Defendant: Askew Bunting Solicitors LLP
Jurisdiction
England and Wales
Judgment Date
05 April 2022
Procedural Posture
Civil / Judgment on Application to Strike Out And/or Summary Judgment
Outcome
Claim struck out and summary judgment for Defendants
Legal Topics
Abuse of Process, Collateral Attack, Summary Judgment, Strike Out Applications, Professional Negligence, Res Judicata, Land Charges, Evidential Burden
Civil Procedure Professional Negligence Abuse of Process Collateral Attack Summary Judgment Strike Out Applications Res Judicata Land Charges +1 more

Case Brief

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Parties

Muhammad Asif

Claimant

Freers Askew Bunting Solicitors Limited

Defendant

Askew Bunting Solicitors LLP

Defendant

Procedural Posture

Civil / Judgment on Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim constitutes an abuse of process as a collateral attack on findings in prior criminal proceedings
  2. 2 Whether the claim discloses reasonable grounds or has a real prospect of success
  3. 3 Whether the existence of a registered charge precludes inquiry into the underlying transaction

Ratio Decidendi

The claim was struck out as an abuse of process because it sought to relitigate, on the same evidence, the issue of whether the Claimant was the true lender, which had already been determined adversely to him in prior criminal proceedings. There was no new evidence, and allowing the claim would bring the administration of justice into disrepute. Alternatively, the claim disclosed no reasonable grounds and had no real prospect of success as the evidence did not support the Claimant's case.

Court Disposition

Claim struck out and summary judgment for Defendants

Orders

  • Claim struck out as an abuse of process under CPR 3.4(2)(b)
  • Summary judgment granted for Defendants under CPR 24.2