Bashar Bin Mahmood v KPMG LLP & Anor

Bashar Bin Mahmood v KPMG LLP & Anor

The claim is struck out in its entirety as an abuse of process under CPR 3.4(2)(b) because it duplicates a prior claim that was adjudicated on the merits and is therefore barred by cause of action estoppel, issue estoppel, and the Henderson principle. Alternatively, even if Securum principles applied, there is no special reason to allow the claim to proceed. Additionally, the claimant has no standing as any cause of action is vested in the Official Receiver due to his bankruptcy, and the claim is totally without merit.

Parties
Claimant: Mr Bashar Bin Mahmood; Defendant: KPMG LLP; Defendant: David James Costley-Wood
Jurisdiction
England and Wales
Judgment Date
14 January 2025
Procedural Posture
Civil Professional Negligence / Strike Out and Summary Judgment Application
Outcome
Claim struck out in its entirety as an abuse of process; finding that the claim is totally without merit.
Legal Topics
Abuse of Process, Res Judicata, Issue Estoppel, Bankruptcy and Standing, Limitation Periods
Civil Procedure Insolvency Law Professional Negligence Abuse of Process Res Judicata Issue Estoppel Bankruptcy and Standing Limitation Periods

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Parties

Mr Bashar Bin Mahmood

Claimant

KPMG LLP

Defendant

David James Costley-Wood

Defendant

Procedural Posture

Civil Professional Negligence / Strike Out and Summary Judgment Application

Legal Issues

  1. 1 Whether the claim should be struck out as an abuse of process under CPR 3.4(2)(b) due to duplication of a previously adjudicated claim
  2. 2 Whether cause of action estoppel, issue estoppel, or the Henderson principle applies to bar the claim
  3. 3 Whether the claimant has standing to bring the claim given his prior bankruptcy

Ratio Decidendi

The claim is struck out in its entirety as an abuse of process under CPR 3.4(2)(b) because it duplicates a prior claim that was adjudicated on the merits and is therefore barred by cause of action estoppel, issue estoppel, and the Henderson principle. Alternatively, even if Securum principles applied, there is no special reason to allow the claim to proceed. Additionally, the claimant has no standing as any cause of action is vested in the Official Receiver due to his bankruptcy, and the claim is totally without merit.

Court Disposition

Claim struck out in its entirety as an abuse of process; finding that the claim is totally without merit.

Orders

  • The claim is struck out under CPR 3.4(2)(b) as an abuse of process.
  • The claim is also struck out for lack of standing as any cause of action is vested in the Official Receiver.