Moosun, & Ors v HSBC Bank Plc (t/a First Direct) [2015] EWHC 3308 (Ch) (02 November 2015)

Moosun, & Ors v HSBC Bank Plc (t/a First Direct) [2015] EWHC 3308 (Ch) (02 November 2015)

All claims by Mrs. Moosun, her children, and her dogs are struck out as totally without merit, being an abuse of process and not properly constituted. Mrs. Moosun is subject to a general civil restraint order for two years due to persistent vexatious litigation.

Source-derived case information.

Citation
[2015] EWHC 3308 (Ch)
Parties
Claimant: Mrs. Sabrina Shafika Moosun; Claimant: Nessah Moosun; Claimant: Imran Moosun; Defendant: HSBC Bank PLC T/A First Direct
Jurisdiction
England and Wales
Judgment Date
02 November 2015
Procedural Posture
Strike Out Applications and Civil Restraint Order / Final Judgment
Outcome
Claims struck out as totally without merit; general civil restraint order made against Mrs. Moosun for two years.
Legal Topics
Abuse of Process, Civil Restraint Orders, Mortgage Possession, Equality Act Claims, European Convention on Human Rights
Civil Procedure Property Law Human Rights Abuse of Process Civil Restraint Orders Mortgage Possession Equality Act Claims European Convention on Human Rights

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Parties

Mrs. Sabrina Shafika Moosun

Claimant

Nessah Moosun

Claimant

Imran Moosun

Claimant

HSBC Bank PLC T/A First Direct

Defendant

Procedural Posture

Strike Out Applications and Civil Restraint Order / Final Judgment

Legal Issues

  1. 1 Whether claims by minors and animals are valid
  2. 2 Whether Mrs. Moosun's claims are an abuse of process
  3. 3 Whether a general or extended civil restraint order should be made

Ratio Decidendi

All claims by Mrs. Moosun, her children, and her dogs are struck out as totally without merit, being an abuse of process and not properly constituted. Mrs. Moosun is subject to a general civil restraint order for two years due to persistent vexatious litigation.

Court Disposition

Claims struck out as totally without merit; general civil restraint order made against Mrs. Moosun for two years.

Orders

  • Strike out claims HC-2015-003413 and HC-2015-004041
  • General civil restraint order against Mrs. Moosun for two years