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England and Wales High Court (King's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (King's Bench Division) Decisions >> Stamp & Ors v Capital Home Loans Ltd (t/a CHL Mortgages) & Ors [2024] EWHC 1092 (KB) (09 May 2024) URL: http://www.bailii.org/ew/cases/EWHC/KB/2024/1092.html Cite as: [2024] EWHC 1092 (KB) |
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KING'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
____________________
Iain Clifford Stamp and others as set out in the above claim forms | Claimants | |
- and - | ||
Capital Home Loans Limited T/A CHL Mortgages | ||
- and – | ||
Lloyds Bank PLC | ||
(incorrectly sued as Lloyds Bank UK PLC) | ||
-and- | ||
Bank of Scotland PLC T/A Halifax | ||
(incorrectly sued as HALIFAX PLC) | Defendants |
____________________
Mr William Hibbert (instructed by Walker Morris LLP ) for CHL Mortgages
Mr Thomas Samuels (instructed by TLT LLP ) for Lloyds Bank PLC and Halifax
Hearing date: 26 April 2024
____________________
Crown Copyright ©
Master Gidden:
The Claims
The Mortgages
The proceedings to date
Further Common features
The Strike out application
i) That the statements of case disclose no reasonable ground for bringing the claim, because they are incoherent and make no sense and/or do not disclose any legally recognisable claim; and/or
ii) They are an abuse of the court's process or otherwise likely to obstruct the just disposal of the proceedings, being obviously ill-founded and/or vague or incoherent and so badly drafted that they do not make clear the case CHL has to meet;
iii) There has been a failure to comply with the CPR, namely the Claim Form and the Particulars of Claim fail to contain a concise statement of the nature of the claim and of the facts on which the C relies (required by CPR 16.2(1)(a) and 16.4(1)(a)).
Mr Whitworth's Application to set aside the order striking out the claim.
Mr Clere's application
Abuse of the Court and its procedures
Contempt of Court