Karim v Charkham & Ors

Karim v Charkham & Ors

The third claim was struck out as an abuse of process because all issues raised could and should be determined in existing proceedings, and the claimant's conduct demonstrated persistent misuse of court procedures. An extended civil restraint order was justified due to repeated meritless litigation.

Parties
Claimant: Shamiim Akhtar Karim; Defendant: Samuel Maurice Charkham; Defendant: Waterside Finance Limited; Defendant: Benjamin Tobin; Defendant: Simon Eric Tilsiter; Defendant: Terry Newman; Defendant: Mogul International Management Consultants Limited
Jurisdiction
England and Wales
Judgment Date
26 February 2014
Procedural Posture
Civil / Ruling on Application to Strike Out and for Extended Civil Restraint Order
Outcome
Claim struck out as abuse of process; extended civil restraint order granted; costs awarded on indemnity basis.
Legal Topics
Abuse of Process, Civil Restraint Orders, Mortgage Enforcement, Fraud Allegations, Costs Assessment
Civil Procedure Property Law Financial Regulation Abuse of Process Civil Restraint Orders Mortgage Enforcement Fraud Allegations Costs Assessment

Case Brief

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Parties

Shamiim Akhtar Karim

Claimant

Samuel Maurice Charkham

Defendant

Waterside Finance Limited

Defendant

Benjamin Tobin

Defendant

Simon Eric Tilsiter

Defendant

Terry Newman

Defendant

Mogul International Management Consultants Limited

Defendant

Procedural Posture

Civil / Ruling on Application to Strike Out and for Extended Civil Restraint Order

Legal Issues

  1. 1 Whether the third claim discloses reasonable grounds for bringing a fresh action
  2. 2 Whether the claim constitutes an abuse of process
  3. 3 Whether an extended civil restraint order should be made against the claimant

Ratio Decidendi

The third claim was struck out as an abuse of process because all issues raised could and should be determined in existing proceedings, and the claimant's conduct demonstrated persistent misuse of court procedures. An extended civil restraint order was justified due to repeated meritless litigation.

Court Disposition

Claim struck out as abuse of process; extended civil restraint order granted; costs awarded on indemnity basis.

Orders

  • Extended civil restraint order forbidding claimant from issuing new proceedings or applications related to the subject matter for two years without permission.
  • Claim struck out in its entirety.