Barons Finance Ltd & Ors v Numerous Defendants [2014] EWHC 138 (QB) (05 February 2014)

Barons Finance Ltd & Ors v Numerous Defendants [2014] EWHC 138 (QB) (05 February 2014)

Given the widespread abuse of process, lack of integrity, unlicensed lending, invalid assignments, and prejudice to vulnerable defendants, all current and future proceedings by Mr Gopee and associated companies relating to loans or possession must be brought in or transferred to the High Court. Failure to comply will result in claims being struck out and judgments set aside. Specific orders for costs and reimbursement are made for wrongful eviction. The court's case management powers and the overriding objective require centralised management to protect defendants and ensure justice.

Citation
[2014] EWHC 138
Parties
Claimant: Dharam Prakash Gopee; Claimant: Barons Finance Limited; Claimant: Reddy Corporation Limited; Claimant: Ghana Commercial Bunks; Claimant: Ghana Commercial Finance Limited; Claimant: Barons Bridging Finance; Claimant: Barons Bridging I Limited; Claimant: Pangold Limited; Claimant: Pangold Properties Limited; Claimant: Agni Investments Limited; Claimant: Barons Finance 2 Limited; Claimant: Moneylink Finance Limited; Claimant: Speedy Bridging Finance; Claimant: Euro Bridging Finance; Defendant: Numerous Defendants
Jurisdiction
England and Wales
Judgment Date
05 February 2014
Procedural Posture
High Court Civil Litigation (case Management and Multiple Related Actions) / Interlocutory/case Management Judgment With Orders
Outcome
Orders made for centralised case management, transfer, and striking out of non-compliant claims; specific costs and reimbursement orders for wrongful eviction; injunctions and amendments to previous orders issued.
Legal Topics
Unlicensed Lending, Abuse of Process, Assignment of Debts, Case Management, Enforcement of Judgments, Liquidation, Costs, Possession Proceedings, Injunctions, Transfer of Proceedings
Consumer Credit Civil Procedure Company Law Unlicensed Lending Abuse of Process Assignment of Debts Case Management Enforcement of Judgments +5 more

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Parties

Dharam Prakash Gopee

Claimant

Barons Finance Limited

Claimant

Reddy Corporation Limited

Claimant

Ghana Commercial Bunks

Claimant

Ghana Commercial Finance Limited

Claimant

Barons Bridging Finance

Claimant

Barons Bridging I Limited

Claimant

Pangold Limited

Claimant

Pangold Properties Limited

Claimant

Agni Investments Limited

Claimant

Barons Finance 2 Limited

Claimant

Moneylink Finance Limited

Claimant

Speedy Bridging Finance

Claimant

Euro Bridging Finance

Claimant

Numerous Defendants

Defendant

Procedural Posture

High Court Civil Litigation (case Management and Multiple Related Actions) / Interlocutory/case Management Judgment With Orders

Legal Issues

  1. 1 Whether Mr Gopee and associated companies can continue to bring or enforce claims in County Courts relating to loans and possession without High Court permission
  2. 2 Whether assignments of debts and charges by companies in liquidation are valid
  3. 3 Whether abuse of process has occurred in enforcement actions

Ratio Decidendi

Given the widespread abuse of process, lack of integrity, unlicensed lending, invalid assignments, and prejudice to vulnerable defendants, all current and future proceedings by Mr Gopee and associated companies relating to loans or possession must be brought in or transferred to the High Court. Failure to comply will result in claims being struck out and judgments set aside. Specific orders for costs and reimbursement are made for wrongful eviction. The court's case management powers and the overriding objective require centralised management to protect defendants and ensure justice.

Court Disposition

Orders made for centralised case management, transfer, and striking out of non-compliant claims; specific costs and reimbursement orders for wrongful eviction; injunctions and amendments to previous orders issued.

Orders

  • All proceedings by Mr Gopee or associated companies relating to loans or possession must be brought in or transferred to the High Court; failure to list or transfer cases by deadline will result in striking out and setting aside of judgments.
  • Barons Finance 1 Limited and Reddy Corporation to pay £2,652.76 to Mr and Mrs Ogunleye within 14 days as condition of pursuing action.