Sheikh & Anor v Dogan & Ors

Sheikh & Anor v Dogan & Ors

There were no strong reasons to reconsider the judgment under Re Barrell jurisdiction. The claimant had no subsisting counterclaim in the related action, her pleadings were insufficiently particularised, and her further applications were an abuse of process. Finality and proper procedure required the order to be sealed.

Parties
Claimant: Anal Sheikh; Claimant: Rabia Sheikh; Defendant: Ismail Dogan; Defendant: Gulazar Dogan; Defendant: Ismet Digan; Defendant: Red River UK Ltd
Jurisdiction
England and Wales
Judgment Date
17 November 2009
Procedural Posture
Civil / Post Judgment Application to Reconsider (re Barrell Jurisdiction) After Strike Out Order
Outcome
Application to reconsider judgment refused; strike-out order stands.
Legal Topics
Strike Out Applications, Reconsideration Before Sealing of Order, Civil Restraint Orders, Pleadings and Counterclaims
Civil Procedure Strike Out Applications Reconsideration Before Sealing of Order Civil Restraint Orders Pleadings and Counterclaims

Case Brief

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Parties

Anal Sheikh

Claimant

Rabia Sheikh

Claimant

Ismail Dogan

Defendant

Gulazar Dogan

Defendant

Ismet Digan

Defendant

Red River UK Ltd

Defendant

Procedural Posture

Civil / Post Judgment Application to Reconsider (re Barrell Jurisdiction) After Strike Out Order

Legal Issues

  1. 1 Whether the court should reconsider its judgment before sealing the order under Re Barrell jurisdiction
  2. 2 Whether the claimant had a subsisting counterclaim in related proceedings
  3. 3 Whether the claimant's pleadings were sufficiently particularised

Ratio Decidendi

There were no strong reasons to reconsider the judgment under Re Barrell jurisdiction. The claimant had no subsisting counterclaim in the related action, her pleadings were insufficiently particularised, and her further applications were an abuse of process. Finality and proper procedure required the order to be sealed.

Court Disposition

Application to reconsider judgment refused; strike-out order stands.

Orders

  • Refusal to reconsider judgment under Re Barrell jurisdiction
  • Refusal to grant stay of execution