Bakrania & Anor v Shah & Ors

Bakrania & Anor v Shah & Ors

The claimants' claims against the first to third defendants are bound to fail as the First Transfer did not cause recoverable loss, the duty was owed by the firm not individuals, and there is no pleaded or viable claim for the costs of the FTT proceedings against HM Land Registry. The application to amend the claim is refused as it lacks merit and would be prejudicial to the Land Registry.

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
Civil / Application to Strike Out Claim / Summary Judgment
Outcome
Claim struck out
Legal Topics
Land Registration, Rectification of Register, Indemnity Under Land Registration Act, Fraudulent Transfers, Strike Out Applications
Property Law Civil Procedure Land Registration Rectification of Register Indemnity Under Land Registration Act Fraudulent Transfers Strike Out Applications

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

Civil / Application to Strike Out Claim / Summary Judgment

Legal Issues

  1. 1 Whether the claim against the first to third defendants should be struck out for disclosing no reasonable cause of action
  2. 2 Whether the claimants suffered loss as a result of the First Transfer
  3. 3 Whether the claimants can amend their claim against HM Land Registry to include costs of FTT proceedings

Ratio Decidendi

The claimants' claims against the first to third defendants are bound to fail as the First Transfer did not cause recoverable loss, the duty was owed by the firm not individuals, and there is no pleaded or viable claim for the costs of the FTT proceedings against HM Land Registry. The application to amend the claim is refused as it lacks merit and would be prejudicial to the Land Registry.

Court Disposition

Claim struck out

Orders

  • The claim against the first to third defendants is struck out.
  • The claim against the sixth defendant (HM Land Registry) is struck out.