Gopee & Ors, Re

Gopee & Ors, Re

Cases are transferred to County Court for factual determination; Mr Gopee is not permitted to pursue claims against the Ministry of Justice for alleged judicial bias; Ghana Commercial Finance Limited must demonstrate valid title before proceeding; transactions by Barons Finance Limited during liquidation are subject to challenge and may be set aside; previously rejected defences cannot be raised again as abuse of process.

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
31 July 2014
Procedural Posture
Multi Party Civil Litigation / Post Interlocutory, Summary Judgment and Transfer Orders
Outcome
Cases transferred to Central London County Court for factual determination; all existing High Court orders remain in force; permission to proceed with certain claims denied; abuse of process claims dismissed.
Legal Topics
Case Management, Transfer of Proceedings, Summary Judgment, Abuse of Process, Liquidation, Credit Licensing, Judicial Bias, Costs Orders
Civil Procedure Insolvency Property Law Credit Licensing Case Management Transfer of Proceedings Summary Judgment Abuse of Process +3 more

Case Brief

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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

Multi Party Civil Litigation / Post Interlocutory, Summary Judgment and Transfer Orders

Legal Issues

  1. 1 Whether cases should be transferred to County Court for factual determination
  2. 2 Whether Mr Gopee is entitled to raise defences previously rejected
  3. 3 Whether the Ministry of Justice can be sued for alleged judicial bias

Ratio Decidendi

Cases are transferred to County Court for factual determination; Mr Gopee is not permitted to pursue claims against the Ministry of Justice for alleged judicial bias; Ghana Commercial Finance Limited must demonstrate valid title before proceeding; transactions by Barons Finance Limited during liquidation are subject to challenge and may be set aside; previously rejected defences cannot be raised again as abuse of process.

Court Disposition

Cases transferred to Central London County Court for factual determination; all existing High Court orders remain in force; permission to proceed with certain claims denied; abuse of process claims dismissed.

Orders

  • Transfer of most cases to Central London County Court reserved to District Judge Langley or District Judge Lightman.
  • All existing orders of High Court remain in force.