Ustimenko v Prescot Management Company Ltd.

Ustimenko v Prescot Management Company Ltd.

The claims for breach of lease, harassment, libel and defamation, and abuse of court procedures are struck out or summarily dismissed as they are statute barred, constitute an abuse of process, or disclose no reasonable cause of action. The defamation claims are out of time and no extension is justified. The...

Source-derived case information.

Parties
Claimant: Max Ustimenko; Defendant: Prescot Management Company Limited
Jurisdiction
England and Wales
Judgment Date
03 August 2007
Procedural Posture
Civil / Summary Judgment/strike Out Application
Outcome
Claim for breach of lease, harassment, libel and defamation, and abuse of court procedures dismissed; Disrepair claim and Part 20 counterclaim transferred to County Court; Civil restraint order application adjourned.
Legal Topics
Service Charges, Breach of Lease, Limitation, Harassment, Abuse of Process, Summary Judgment, Defamation, Costs
Landlord and Tenant Defamation Civil Procedure Service Charges Breach of Lease Limitation Harassment Abuse of Process +2 more

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Parties

Max Ustimenko

Claimant

Prescot Management Company Limited

Defendant

Procedural Posture

Civil / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the claimant's claims for breach of lease, harassment, libel and defamation, and abuse of court procedures should be struck out or summarily dismissed
  2. 2 Whether the claims are statute barred or an abuse of process
  3. 3 Whether the defamation claims are out of time and if extension of time should be granted

Ratio Decidendi

The claims for breach of lease, harassment, libel and defamation, and abuse of court procedures are struck out or summarily dismissed as they are statute barred, constitute an abuse of process, or disclose no reasonable cause of action. The defamation claims are out of time and no extension is justified. The harassment claim does not meet the statutory threshold. The only claim to proceed is the Disrepair claim, which is transferred to the County Court along with the Part 20 counterclaim.

Court Disposition

Claim for breach of lease, harassment, libel and defamation, and abuse of court procedures dismissed; Disrepair claim and Part 20 counterclaim transferred to County Court; Civil restraint order application adjourned.

Orders

  • Claims under Breach of Lease, Harassment, Libel and Defamation, and Abuse of Court Procedures dismissed in entirety
  • Striking out of identified passages in Background and Damages sections