CHANCERY DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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OWEN CLIVE BROWN |
Claimant |
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- and - |
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CATHERINE HUDSON MERRICKS LLP SOLICITORS INDEMNITY FUND |
First Defendant Second Defendant Third Defendant |
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Mr Francis Bacon (instructed by Browne Jacobson LLP, Aldwych House, 81 Aldwych, London WC2B 4HN) for the First and Second Defendant
Mr Ben Elkington (instructed by Mills & Reeve, 1 St James Court, Whitefriars, Norwich NR3 1RU for the Third Defendant
Hearing date: 21/10/2005
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Crown Copyright ©
Mr Justice Lightman:
INTRODUCTION
PRESENT PROCEEDINGS
"The Defendants did conspire together to cover up the case against Ann Dixon and Elizabeth Marion Emberton of Dixon & Emberton Solicitors, who had made themselves illegally the Executors and Trustees for the new Will of Mr Eric Lloyd Brown (deceased) by getting him to sign a new Will when he was under morphine and exorzine in Cromwell Road Hospital; they then sold the Estate illegally for: £415.000. The Defendants also knew that The Law Society had struck Ann Christine Dixon from the Roll of Solicitors and that The Solicitors Indemnity Fund Limited would have to pay out £1700,00 [sic] in damages for Ann Christine Dixon of Dixon & Emberton Solicitors.
And that the Defendants do bear the costs of bringing this action.
Provisional claim for damages of: £1,700,00, [sic] plus interest from 1996"
i) that the claim against the Defendants be struck out under CPR Part 3.4(2) on the grounds that the Statement of Case discloses no reasonable grounds for bringing a claim against them and is an abuse of the process of the Court;
ii) further or in the alternative (i) summary judgment for the Defendants pursuant to CPR Part 24.2 on the basis that the Claimant has no real prospect of succeeding in his claim and there is no compelling reason why this case should be disposed of at trial.
iii) that the Court make an extended civil restraint order under CPR 3.11 to restrain the Claimant from issuing claims or making application in the High Court or any county court concerning any matter involving or relating to or touching upon or leading to the proceedings in which such an Order is made without first obtaining the permission of the judge who hears the application.
ADJOURNMENT
MERITS OF DEFENDANT'S APPLICATION
CONCLUSION