Ghadami v Bloomfield & Ors

Ghadami v Bloomfield & Ors

The second Barrell application is dismissed as totally without merit; no new evidence justifies reopening the judgment; the claims against the defendants lack real prospect of success; Civil Restraint Orders are warranted due to persistent meritless applications; costs are awarded to successful defendants, mostly on indemnity basis; interim injunction granted restraining Mr Ghadami from registering further unilateral notices.

Parties
Claimant: Mr Mohammad Reza Ghadami; Defendant: Paul Bloomfield; Defendant: Philip James Saunders; Defendant: Paresh Kantilal Chohan; Defendant: Jan Bonde Nielsen; Defendant: Peter Bonde Nielson; Defendant: Saif Durbar; Defendant: Mark Rhodes; Defendant: Mahendra Narottam Bakhda; Defendant: David John Risbey; Defendant: Kennth John Fincken; Defendant: Larios Properties Ltd; Defendant: Festio Investments Ltd; Defendant: Belgrave Capital Ltd; Defendant: Brazxa Investments International Corporation; Defendant: Beacon Industries Corporation; Defendant: Lynn Properties Limited; Defendant: Vitala Investment Holding Limited; Defendant: Merix International Ventures Limited; Defendant: 41 USG INC
Jurisdiction
England and Wales
Judgment Date
02 August 2017
Procedural Posture
Civil / Post Judgment, Consequential Applications and Costs
Outcome
Applications dismissed; Civil Restraint Order imposed; costs awarded; interim injunction granted.
Legal Topics
Barrell Jurisdiction, Strike Out Applications, Civil Restraint Orders, Costs Assessment, Injunctions, Contempt of Court, Proprietary Estoppel, Unjust Enrichment
Civil Procedure Property Law Economic Torts Barrell Jurisdiction Strike Out Applications Civil Restraint Orders Costs Assessment Injunctions +3 more

Case Brief

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Parties

Mr Mohammad Reza Ghadami

Claimant

Paul Bloomfield

Defendant

Philip James Saunders

Defendant

Paresh Kantilal Chohan

Defendant

Jan Bonde Nielsen

Defendant

Peter Bonde Nielson

Defendant

Saif Durbar

Defendant

Mark Rhodes

Defendant

Mahendra Narottam Bakhda

Defendant

David John Risbey

Defendant

Kennth John Fincken

Defendant

Larios Properties Ltd

Defendant

Festio Investments Ltd

Defendant

Belgrave Capital Ltd

Defendant

Brazxa Investments International Corporation

Defendant

Beacon Industries Corporation

Defendant

Lynn Properties Limited

Defendant

Vitala Investment Holding Limited

Defendant

Merix International Ventures Limited

Defendant

41 USG INC

Defendant

Procedural Posture

Civil / Post Judgment, Consequential Applications and Costs

Legal Issues

  1. 1 Whether the Barrell jurisdiction should be exercised to vary or revoke the original judgment
  2. 2 Whether new evidence justifies reopening the strike out/summary judgment application
  3. 3 Whether the claimant has a real prospect of success in claims for conspiracy, interference with contract, procuring breach of contract, and causing loss by unlawful means

Ratio Decidendi

The second Barrell application is dismissed as totally without merit; no new evidence justifies reopening the judgment; the claims against the defendants lack real prospect of success; Civil Restraint Orders are warranted due to persistent meritless applications; costs are awarded to successful defendants, mostly on indemnity basis; interim injunction granted restraining Mr Ghadami from registering further unilateral notices.

Court Disposition

Applications dismissed; Civil Restraint Order imposed; costs awarded; interim injunction granted.

Orders

  • Dismissal of Application dated 14 March 2014
  • Dismissal of Appeal dated 22 April 2014