The three Claimant companies asserted that they have sustained loss and damage by reason of an unlawful means conspiracy between B and the Defendant accountants BDO, which led to B foreclosing on various loans made to the Claimants. BDO applies to strike out this claim on each of three grounds, contending: i) that the claim is an abuse of process, because an earlier claim (which I shall call ‘the Barclays claim’) was brought by two of the Claimants against BDO’s alleged co-conspirator Barclays, alleging the same or a very similar conspiracy;
ii) that the claim constitutes an impermissible collateral attack on various findings made in that, earlier, Barclays claim; and is for that reason an abuse of process;
iii) that the statement of case discloses no reasonable grounds for bringing the claim cause of action, and/or that the claim has no real prospect of success, so that it should be struck out, or summary judgment should be granted in the Defendant’s favour.
Nicholas Vineall QC sitting as a Deputy High Court Judge
[2020] EWHC 1937 (Comm)
Bailii
England and Wales
Torts – Other, Litigation Practice
Updated: 17 November 2021; Ref: scu.652967
