Sometimes a case comes along that I just can’t resist, although it is not really family law.
Moosun and Others v HSBC (T/A First Direct) 2015
This is a case where there had been a quarrel between Ms Moosun and her bank (or rather former bank) and just about every form of litigation that could be issued by her had been issued. The bank responded by asking for a civil restraint order to prevent her issuing any more hopeless litigation.
Why I am I writing about this? Well, because of these paragraphs.
- The second application is dated 19th October 2015 and seeks to strike out the claim in action HC-2015-004041 which was issued on 21 September 2015. That claim is sought to be brought by Mrs. Moosun, her two infant children, and two dogs who are identified as Goldie, aged 18 months, and Diamond, aged 2 years. Again, Miss Wilmot-Smith takes the point that the claims by the children should be struck out as they are brought in circumstances where no litigation friend has been appointed on behalf of the children and no order has been made permitting the children to bring proceedings. That is right, and for the same reasons as in relation to the first claim, I shall strike out the claims by the children.
- Miss Wilmot-Smith also makes the obvious point that dogs are not capable of bringing legal proceedings. Among other things, CPR Part 2.3(1) defines “claimant” as a person who makes a claim, and a dog is not a person. I also cannot see how a dog could give instructions for a claim to be brought on its behalf or be liable for any orders made against it. There are a whole host of other reasons why proceedings by dogs must be void, and accordingly I am satisfied that in so far as the claim purports to be made on behalf of the two dogs it should also be struck out.
Yes, the dogs were also suing the bank.
I also note that in previous litigation
For her part, Mrs. Moosun raised a considerable number of points concerning the actions by the bank, both as a matter of contract and in relation to an alleged denial of her rights under the European Human Rights Convention, among other things by reason of the fact that the original order made by District Judge Banks had been made in her absence. She also alleged that what was happening to her involved “satanic freemasons”.
Well, now we all definitively know (for those of us who had any doubt at all) that dogs cannot bring Court proceedings. That is merciful to me, because otherwise my dog would be bringing claims under the Canine Rights Act because I made him return from his holiday in Cornwall, where he was spending his days playing on beaches, swimming in the sea and eating Cornish pasties.