Eurohome UK Mortgages 2007-1 Plc & Ors v Intertrust Management Limited & Ors

Eurohome UK Mortgages 2007-1 Plc & Ors v Intertrust Management Limited & Ors

Claims were struck out because the alleged de facto directors had no legal authority to act for the companies, and the claim forms were signed without proper authority, rendering the proceedings abusive and totally without merit.

Parties
Claimant: Eurohome UK Mortgages 2007-1 Plc; Claimant: Eurohome UK Mortgages 2007-2 Plc; Claimant: Saret Holdings Corp; Claimant: Stratton Mortgage Funding 2019-1 PLC; Claimant: Corelli Capital AG; Defendant: Intertrust Management Limited; Defendant: Intertrust Corporate Services Limited; Defendant: Intertrust Directors 1 Limited; Defendant: Intertrust Directors 2 Limited; Defendant: Ms Paivi Helena Whitaker; Defendant: Intertrust Nominees Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2022
Procedural Posture
Strike Out Application / Ruling
Outcome
claims struck out and certified totally without merit
Legal Topics
Director Appointment, Abuse of Process, De Facto Directors, Strike Out Applications
Company Law Civil Procedure Director Appointment Abuse of Process De Facto Directors Strike Out Applications

Case Brief

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Parties

Eurohome UK Mortgages 2007-1 Plc

Claimant

Eurohome UK Mortgages 2007-2 Plc

Claimant

Saret Holdings Corp

Claimant

Stratton Mortgage Funding 2019-1 PLC

Claimant

Corelli Capital AG

Claimant

Intertrust Management Limited

Defendant

Intertrust Corporate Services Limited

Defendant

Intertrust Directors 1 Limited

Defendant

Intertrust Directors 2 Limited

Defendant

Ms Paivi Helena Whitaker

Defendant

Intertrust Nominees Limited

Defendant

Procedural Posture

Strike Out Application / Ruling

Legal Issues

  1. 1 Whether self-appointed de facto directors have authority to act for companies
  2. 2 Whether claim forms signed by unauthorised persons constitute abuse of process
  3. 3 Whether claims should be struck out for lack of reasonable grounds

Ratio Decidendi

Claims were struck out because the alleged de facto directors had no legal authority to act for the companies, and the claim forms were signed without proper authority, rendering the proceedings abusive and totally without merit.

Court Disposition

claims struck out and certified totally without merit

Orders

  • Claims in both Eurohome and Stratton proceedings struck out under CPR rule 3.4(2)(a) and (b)
  • Claims certified as totally without merit