Bakrania & Anor v Shah & Ors [2019] EWHC 949 (Ch) (24 April 2019)

Bakrania & Anor v Shah & Ors [2019] EWHC 949 (Ch) (24 April 2019)

The claim against the first to third defendants is struck out as no actionable loss was caused by the First Transfer, the duty was owed by the third defendant only, and the claimants retained their equitable interest under the trust. The claim against HM Land Registry is struck out as no subsisting claim remains and permission to amend particulars of claim to include FTT costs is refused.

Citation
[2019] EWHC 949 (Ch)
Parties
Claimant: Vallabh Haribhai Bakrania; Claimant: Hansaben Haribhai Pragji Bakrania; Defendant: Rajesh Shah; Defendant: Jawarhala Teeluck; Defendant: Shah London Limited; Defendant: Premier Solicitors Limited; Defendant: Bhupendra Khetia; Defendant: HM Land Registry
Jurisdiction
England and Wales
Judgment Date
24 April 2019
Procedural Posture
Strike Out Application / Judgment on Application to Strike Out Claim
Outcome
Claim struck out against all defendants
Legal Topics
Land Registration, Fraudulent Transfers, Indemnity, Rectification, Duty of Care, Trusts
Property Law Civil Procedure Land Registration Fraudulent Transfers Indemnity Rectification Duty of Care Trusts

Case Brief

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Parties

Vallabh Haribhai Bakrania

Claimant

Hansaben Haribhai Pragji Bakrania

Claimant

Rajesh Shah

Defendant

Jawarhala Teeluck

Defendant

Shah London Limited

Defendant

Premier Solicitors Limited

Defendant

Bhupendra Khetia

Defendant

HM Land Registry

Defendant

Procedural Posture

Strike Out Application / Judgment on Application to Strike Out Claim

Legal Issues

  1. 1 Whether the claim against the first to third defendants is viable
  2. 2 Whether the claimants suffered loss from the First Transfer
  3. 3 Whether the claimants are entitled to indemnity from HM Land Registry

Ratio Decidendi

The claim against the first to third defendants is struck out as no actionable loss was caused by the First Transfer, the duty was owed by the third defendant only, and the claimants retained their equitable interest under the trust. The claim against HM Land Registry is struck out as no subsisting claim remains and permission to amend particulars of claim to include FTT costs is refused.

Court Disposition

Claim struck out against all defendants

Orders

  • Claim against first to third defendants struck out
  • Claim against sixth defendant struck out