Mohamed Razeem v Vibhutiben Desai

Mohamed Razeem v Vibhutiben Desai

The claim is bound to fail as the principal allegation of fraud—non-disclosure of a criminal conviction—lacks substance, is contradicted by the claimant's own pleadings, and is immaterial to the original judgments. The remaining allegations are either incoherent, irrelevant, or were already considered and rejected in previous proceedings. The particulars of claim do not disclose a viable cause of action for setting aside the judgments for fraud.

Parties
Claimant: Mohamed Razeem; Defendant: Vibhutiben Desai
Jurisdiction
England and Wales
Judgment Date
04 February 2024
Procedural Posture
Civil Business/property / Application to Strike Out Claim and for Security for Costs
Outcome
Claim struck out
Legal Topics
Strike Out Applications, Security for Costs, Setting Aside Judgments for Fraud, Disclosure Obligations, Civil Restraint Orders
Civil Procedure Fraud Bankruptcy Strike Out Applications Security for Costs Setting Aside Judgments for Fraud Disclosure Obligations Civil Restraint Orders

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Parties

Mohamed Razeem

Claimant

Vibhutiben Desai

Defendant

Procedural Posture

Civil Business/property / Application to Strike Out Claim and for Security for Costs

Legal Issues

  1. 1 Whether the claim to set aside judgments for fraud discloses reasonable grounds and is viable
  2. 2 Whether the particulars of claim are an abuse of process or bound to fail
  3. 3 Whether the claimant's conduct and previous litigation history preclude the present claim

Ratio Decidendi

The claim is bound to fail as the principal allegation of fraud—non-disclosure of a criminal conviction—lacks substance, is contradicted by the claimant's own pleadings, and is immaterial to the original judgments. The remaining allegations are either incoherent, irrelevant, or were already considered and rejected in previous proceedings. The particulars of claim do not disclose a viable cause of action for setting aside the judgments for fraud.

Court Disposition

Claim struck out

Orders

  • The particulars of claim and the claim form are struck out.
  • No order made on the application for security for costs.