Background:
Following the breakdown of a relationship and the expiry of a licence to occupy, the Defendants refused to vacate the property owned by the Claimant.
The Claimant’s possession claim was listed for a hearing. At the hearing, the Defendants raised a number of issues they wished to rely on as a counterclaim.
Permission was given for the counterclaim to be set out properly and the Claimant was to file a defence.
In the meantime, the Defendants had to vacate the property within 14 days and costs were awarded in the Claimant’s favour.
The Counterclaim
The counterclaim set out no legal basis and attempted to draw in matters that had already been determined by the family court.
The Claimant defended the counterclaim and made an application to strike it out in its entirety.
The Defendants then made an application to amend the counterclaim.
The Hearing:
At the hearing, the Defendant made their application to amend the counterclaim which was dismissed. I successfully argued that the amended version did not disclose any basis for the claim, it was an abuse of process and this would essentially be the Defendant’s third attempt at particularising the claim. To allow an amendment would not be proportionate.
The Claimant’s application for the counterclaim to be struck out, or in the alternative, summary judgment granted in the Claimant’s favour, was successful.
Costs were awarded against the Claimant, and the counterclaim was deemed as totally without merit and vexatious.
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