Sohail Ismail, Head of Technical Litigation, drydensfairfax solicitors:
“We have recently been involved in a High Court matter, whereby an individual (along with various other Claimants), issued Part 8 proceedings as a means to delay or thwart separate County Court mortgage possession claims that our client, and various other parties had brought against these Claimants. The basis of these claims followed the ‘Freeman on the Land’ notion.
“Master Thornett’s judgment handed down in the High Court (which can be downloaded here), is particularly scathing for individuals who are providing ‘legal advice’ on such arguments being advanced, as a means to confuse/delay/thwart matters. As a result, (unsurprisingly) – all these claims that were issued by individuals in the High Court, were struck out as an abuse of process.”