Spellen v “Santander” [2023] EWHC 1361 (KB)
Imogen Dodds (instructed by TLT LLP) appeared for one of the lenders in this case, successfully obtaining an order for the strike out of the borrower’s claim.
The claim was one of a number of “seemingly entirely unconnected” sets of proceedings which had been issued in the High Court, but which Master Thornett was satisfied must have an “unidentified guiding hand or hands behind them", apparently as part of a “concerted plan to subvert” existing County Court possession proceedings.
The Master decided to hand down a written judgment to avoid misunderstanding as to the received status of cases in the High Court when there are already proceedings on foot in the County Court. Insofar as such proceedings were deliberately started to cause delay and a need for explanation in the County Court, they are abusive. The Master also warned of potentially serious consequences for anyone who intentionally seeks to subvert County Court proceedings.
The judgment will be useful for those facing borrowers pursuing a similar strategy to delay possession in the County Courts.
Read the judgment here.
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