Century Financial Holdings Ltd & Anor v Jamtoff Trading Ltd & Ors

Century Financial Holdings Ltd & Anor v Jamtoff Trading Ltd & Ors

The alleged new evidence does not undermine the original judgment, as the findings of fraudulent misrepresentation and joint and several liability remain unaffected. The claims for conversion, breach of contract, and negligence are misconceived and barred by res judicata. Both claims disclose no reasonable grounds and constitute abuse of process.

Parties
Claimant: Century Financial Holdings Limited; Claimant: Sanjay Thakrar; Respondent: Jamtoff Trading Limited; Respondent: Paresh Thakkar
Jurisdiction
England and Wales
Judgment Date
30 October 2018
Procedural Posture
Commercial / Application to Strike Out Claims
Outcome
Both applications to strike out succeed.
Legal Topics
Fraudulent Misrepresentation, Setting Aside Judgment for Fraud, Conversion, Breach of Contract, Negligence, Res Judicata, Abuse of Process
Commercial Law Civil Procedure Fraudulent Misrepresentation Setting Aside Judgment for Fraud Conversion Breach of Contract Negligence Res Judicata +1 more

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Parties

Century Financial Holdings Limited

Claimant

Sanjay Thakrar

Claimant

Jamtoff Trading Limited

Respondent

Paresh Thakkar

Respondent

Procedural Posture

Commercial / Application to Strike Out Claims

Legal Issues

  1. 1 Whether the fraud set aside claim discloses reasonable grounds for setting aside the original judgment
  2. 2 Whether the delivery up claim discloses reasonable grounds for conversion, breach of contract, or negligence
  3. 3 Whether new evidence undermines the original judgment

Ratio Decidendi

The alleged new evidence does not undermine the original judgment, as the findings of fraudulent misrepresentation and joint and several liability remain unaffected. The claims for conversion, breach of contract, and negligence are misconceived and barred by res judicata. Both claims disclose no reasonable grounds and constitute abuse of process.

Court Disposition

Both applications to strike out succeed.

Orders

  • Fraud set aside claim struck out under CPR 3.4.
  • Delivery up claim struck out under CPR 3.4.