Stratton Mortgage Funding 2019-1 PLC & Ors v Stratton Hawksmoor 2022-1 PLC & Ors

Stratton Mortgage Funding 2019-1 PLC & Ors v Stratton Hawksmoor 2022-1 PLC & Ors

Claims brought by first and second claimants were without authority, in breach of prior court orders, and unsupported by evidence; claims under Insolvency Act lacked evidence of relevant transactions; all claims must be struck out.

Parties
Claimant: Stratton Mortgage Funding 2019-1 PLC; Claimant: Clavis Securities PLC; Claimant: Keycards Holdings Inc; Claimant: Kessa Holdings Ltd; Defendant: Stratton Hawksmoor 2022-1 PLC; Defendant: Aline Sternberg; Defendant: CSC Directors (No. 1) Limited; Defendant: CSC Directors (No. 2) Limited; Defendant: Paivi Helena Whitaker; Defendant: Intertrust Directors 1 Limited; Defendant: Intertrust Directors 2 Limited
Jurisdiction
England and Wales
Judgment Date
18 August 2022
Procedural Posture
Commercial / Ruling on Strike Out and Summary Judgment Application
Outcome
claims struck out
Legal Topics
Authority to Commence Proceedings, Breach of Fiduciary Duty, Unlawful Means Conspiracy, Causing Loss by Unlawful Means, Civil Restraint Orders, Striking Out, Summary Judgment
Company Law Civil Procedure Insolvency Authority to Commence Proceedings Breach of Fiduciary Duty Unlawful Means Conspiracy Causing Loss by Unlawful Means Civil Restraint Orders +2 more

Case Brief

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Parties

Stratton Mortgage Funding 2019-1 PLC

Claimant

Clavis Securities PLC

Claimant

Keycards Holdings Inc

Claimant

Kessa Holdings Ltd

Claimant

Stratton Hawksmoor 2022-1 PLC

Defendant

Aline Sternberg

Defendant

CSC Directors (No. 1) Limited

Defendant

CSC Directors (No. 2) Limited

Defendant

Paivi Helena Whitaker

Defendant

Intertrust Directors 1 Limited

Defendant

Intertrust Directors 2 Limited

Defendant

Procedural Posture

Commercial / Ruling on Strike Out and Summary Judgment Application

Legal Issues

  1. 1 Whether claims were commenced with proper authority
  2. 2 Whether claims breach prior court orders
  3. 3 Whether claims disclose any reasonable grounds

Ratio Decidendi

Claims brought by first and second claimants were without authority, in breach of prior court orders, and unsupported by evidence; claims under Insolvency Act lacked evidence of relevant transactions; all claims must be struck out.

Court Disposition

claims struck out

Orders

  • Claims brought by Stratton Mortgage Funding 2019-1 PLC and Clavis Securities PLC struck out for lack of authority.
  • Claims brought by Keycards Holdings Inc and Kessa Holdings Ltd struck out for breach of court orders and lack of evidence.