Moosun, & Ors v HSBC Bank Plc (t/a First Direct)

Moosun, & Ors v HSBC Bank Plc (t/a First Direct)

The claims by Mrs. Moosun's children and dogs are struck out as they are not legally capable of bringing proceedings. Mrs. Moosun's claims are struck out as an abuse of process, being repeated attempts to litigate matters already finally determined. Mrs. Moosun has persistently issued meritless claims and applications, justifying a general civil restraint order for two years.

Parties
Claimant: Mrs. Sabrina Shafika Moosun; Claimant: Nessah Moosun (a minor); Claimant: Imran Moosun (a minor); Defendant: HSBC Bank PLC t/a First Direct; Defendant: Shoosmiths LLP
Jurisdiction
England and Wales
Judgment Date
02 November 2015
Procedural Posture
Civil / Application to Strike Out and for Civil Restraint Order
Outcome
claims struck out; general civil restraint order granted
Legal Topics
Abuse of Process, Civil Restraint Orders, Mortgage Enforcement, Possession Proceedings, Litigation by Minors, Litigation by Non Persons, Equality Act Claims, European Convention on Human Rights
Civil Procedure Property Law Human Rights Abuse of Process Civil Restraint Orders Mortgage Enforcement Possession Proceedings Litigation by Minors +3 more

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Parties

Mrs. Sabrina Shafika Moosun

Claimant

Nessah Moosun (a minor)

Claimant

Imran Moosun (a minor)

Claimant

HSBC Bank PLC t/a First Direct

Defendant

Shoosmiths LLP

Defendant

Procedural Posture

Civil / Application to Strike Out and for Civil Restraint Order

Legal Issues

  1. 1 Whether claims by minors and animals can proceed
  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 against Mrs. Moosun

Ratio Decidendi

The claims by Mrs. Moosun's children and dogs are struck out as they are not legally capable of bringing proceedings. Mrs. Moosun's claims are struck out as an abuse of process, being repeated attempts to litigate matters already finally determined. Mrs. Moosun has persistently issued meritless claims and applications, justifying a general civil restraint order for two years.

Court Disposition

claims struck out; general civil restraint order granted

Orders

  • Claims by minors and animals struck out
  • Claims by Mrs. Moosun struck out as totally without merit