Zeckler & Anor v Kylun Ltd & Ors

Zeckler & Anor v Kylun Ltd & Ors

The unilateral notice is unsustainable as the claim is purely for money and not proprietary; the introduction fee claim fails as the contractual conditions were not met and the agreement was with Tempest, not Zeckler; the claim is an abuse of process as it duplicates a previously struck out claim.

Parties
Claimant: Ariel Zeckler; Claimant: James Barrymore; Defendant: Kylun Limited; Defendant: Patrick Hurst; Defendant: Keith Jeremy Randall Nethercot; Defendant: Janet Rosemary Lott; Defendant: Walford Maritime Limited Pension and Life Assurance Plan Trustees; Defendant: Vauxhall Properties Limited; Defendant: Charnia Holdings Limited; Defendant: Kunai Tulsiani; Defendant: Amin Alin
Jurisdiction
England and Wales
Judgment Date
13 May 2015
Procedural Posture
Civil / Ruling on Applications to Cancel Unilateral Notice and Strike Out Claim
Outcome
Claim against Trustees struck out; unilateral notice cancelled
Legal Topics
Land Registration, Unilateral Notice, Strike Out, Introduction Fee, Abuse of Process
Property Law Civil Procedure Land Registration Unilateral Notice Strike Out Introduction Fee Abuse of Process

Case Brief

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Parties

Ariel Zeckler

Claimant

James Barrymore

Claimant

Kylun Limited

Defendant

Patrick Hurst

Defendant

Keith Jeremy Randall Nethercot

Defendant

Janet Rosemary Lott

Defendant

Walford Maritime Limited Pension and Life Assurance Plan Trustees

Defendant

Vauxhall Properties Limited

Defendant

Charnia Holdings Limited

Defendant

Kunai Tulsiani

Defendant

Amin Alin

Defendant

Procedural Posture

Civil / Ruling on Applications to Cancel Unilateral Notice and Strike Out Claim

Legal Issues

  1. 1 Whether the unilateral notice registered by the Claimant is sustainable
  2. 2 Whether the claim for an introduction fee against the Trustees is arguable
  3. 3 Whether the claim against the Trustees should be struck out as an abuse of process

Ratio Decidendi

The unilateral notice is unsustainable as the claim is purely for money and not proprietary; the introduction fee claim fails as the contractual conditions were not met and the agreement was with Tempest, not Zeckler; the claim is an abuse of process as it duplicates a previously struck out claim.

Court Disposition

Claim against Trustees struck out; unilateral notice cancelled

Orders

  • Unilateral notice on Trustees' title TGL 18067 cancelled
  • Claim against Trustees struck out under CPR 3.4(2)(a)