Ghassemian v Chatsworth Court Freehold Company Ltd & Ors [2016] EWHC 872 (Ch)

Claim No. HC/2016/000117Case No IHQ/15/0591Appeal Ref No. CH/2015/0495[2016] EWHC 872 (Ch)
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
Venue 7 Rolls Buildings, Fetter LaneDate Thursday, 3 rd March 2016
London
EC4A 1NL
Before
THE HONOURABLE MR JUSTICE HENRY CARR
Between
SHAHROOZ GHASSEMIANApplicantCHATSWORTH COURT FREEHOLD COMPANY LIMITEDRespondentC.A. DAW & SON LIMITEDRespondentGHASSEMIAN HAMILA SARTIPYDefendant
Transcribed from the Official Tape Recording byApple Transcription LimitedSuite 204, Kingfisher Business Centre, Burnley Road, Rawtenstall, Lancashire BB4 8ESDX: 26258 Rawtenstall – Telephone: 0845 604 5642 – Fax: 01706 870838
Counsel for Claimants: Stuart Armstrong(instructed by Wedlake Bell for Claimants/Respondents) for The Defendant did not attend and was not representedThe Applicant appeared In Person for in person
JUDGMENTJUDGMENT
[1]There are three applications before me today. First, there is an application by Mr Ghassemian, who is the son of the Defendant, Mrs Sartipy, dated 12th February 2016 seeking to set aside a writ of possession and control dated 28th September 2015 (“the Writ”). Secondly, there is the Claimants’ application dated 16th February 2016 for a civil restraint order. Thirdly, there is the Claimants’ application dated 26th February 2016 to set aside an order of Henderson J. made on 29th January 2016. Unfortunately, this case has a long and complex history, largely caused by numerous applications by Mr Ghassemian, which means that this ex tempore judgment will be of some length.[2]The background is as follows. This case concerns flat 56, Chatsworth Court, Pembroke Road, London W8 6DH (“the Property”). The Defendant is the registered proprietor of a long lease of the Property and the Claimants are respectively the lessee-owned freehold company of Chatsworth Court and the maintenance trustee under the lease. Until 30th September 2015, Mr Ghassemian lived at the Property. He has been the driving force behind, and personally involved in, the opposition to the Claimants’ claim, which was initially for a money judgment for unpaid service charges against the Defendant, followed by a charging order, followed by an order for sale and possession of the property.[3]Mr Ghassemian has participated in this litigation in three different capacities. First, from the commencement of the service charge claim in 2010 until about 30th April 2012 he purported to act solely on behalf of the Defendant. Then, from 30th April 2012 until 30th September 2015, when the Writ was executed in respect of the Property, he purported to act on his own behalf as the beneficiary under a discretionary trust. That trust, as I will explain, has been held by the court to be a sham. Finally, since 30th September 2015, he has alleged that he is a regulated tenant of the Property. Mr Ghassemian’s allegation is that when he was 13 years old he was granted a tenancy by his mother in 1987 and he first produced a copy to the Claimants of this alleged tenancy in a witness statement dated 6th October 2015.[4]I now need to describe in more detail the chronology of these proceedings. Annexed to this judgment is a copy of a chronology prepared on behalf of the Claimants. As will be seen from this document, there are a series of different proceedings and the chronology is of some complexity. I will try to confine my account in the body of this judgment to the events most relevant to these applications. In summary, the Defendant fell into arrears of service charges due under the lease and so the Claimants issued a claim in May 2010 seeking to cover the arrears. Judgment was obtained on the service charge claim in June 2011, when the Defence was struck out for failure to comply with an unless order. Since then, there has been a host of applications pursued by Mr Ghassemian, either in person or represented by Counsel.[5]Eventually, a charging order was made over the Property on 28th March 2014 and an order for sale was made on 10th June 2015. Mr Ghassemian attended the hearing on 10th June 2015 and was represented by Counsel, unsuccessfully. He then sought to appeal the order for sale. A hearing took place before H.H.J. Mitchell on 17th August 2015. The Judge considered the application for permission to appeal together with an application by the Claimants to vary the charging order and order for sale to add additional costs. Following that hearing, by an order dated 18th August 2015, Judge Mitchell refused permission to appeal and made a civil restraint order, which applies to County Court proceedings, against Mr Ghassemian. Mr Ghassemian subsequently sought to appeal the variations to the charging order and the order for sale and applied for a stay. The stay was refused by Arnold J. on 10th September 2015. The Writ was issued on 28th September 2015 and executed on 30th September 2015.[6]It is a regrettable fact that Mr Ghassemian has sought to set aside the Writ and/or to be reinstated to the Property on no less than seven occasions, including the current application. As I will explain, it appears that he is currently preparing an eighth application, in case this one is unsuccessful. On 29th October 2015, Mr Ghassemian filed an appellant’s notice in which he sought to appeal the charging order, the order for sale, an order of 15th October 2015 which was made in the Central London County Court, and the civil restraint order. On 17th October 2015, Mr Ghassemian was given permission by Barling J. to appeal paragraph 5 of the order for sale which provided for delivery of possession but this permission was revoked on 19th January 2016 by Newey J., who held that there was no jurisdiction for the High Court to give permission to appeal, it having been previously refused by Judge Mitchell.[7]Following the grant of permission by Barling J., Mr Ghassemian sought to be reinstated to the Property pending determination of his appeal, but this was refused. He then sought to appeal that refusal to the Court of Appeal. Even though permission to appeal had been revoked on 19th January 2016, Mr Ghassemian insisted that the hearing before the Court of Appeal should proceed and at that hearing, represented by Counsel, he sought reinstatement to the property. The Court of Appeal refused Mr Ghassemian’s application on the ground that there was no pending appeal and dismissed his application for permission to appeal.[8]On 18th January 2016 Mr Ghassemian issued a new claim (“the New Claim”) seeking a determination that he was a regulated tenant and, as a result, seeking an order that he be reinstated to the Property. This was served on the First Claimant at the Court of Appeal hearing on 26th January 2016. The New Claim was struck out as an abuse of process by Master Matthews on 22nd January 2016. On 29th January 2016 Mr Ghassemian applied to set aside that order and on 19th February 2016 his application was dismissed. Mr Ghassemian stated at this hearing that he had just issued a further application to set aside the order for possession in the County Court, having sought permission to do so from the judge supervising his civil restraint order. That application, which is clearly preparatory to an eighth application either to set aside the Writ or to be restored to the Property, is due to be heard on 11th March 2016.[9]In the application before me, Mr Ghassemian seeks to set aside the Writ, yet again. The arguments on behalf of the Claimants are as follows. First that this application is an abuse of the process of the court. It is well established that, having lost a case, an unsuccessful litigant cannot have “a second bite of the cherry”. The Claimants’ case is that Mr Ghassemian is attempting to have a seventh bite of the cherry. Secondly, the Claimants submit that there is no material change in circumstance to justify yet another application. Thirdly, even if this application were not an abuse, the Claimants contend that that a writ of possession can only be set aside after it has been executed if there is an error in the possession order, which is therefore set aside, or if the writ was obtained by fraud, or there is an abuse of process or oppression in the execution of the writ.[10]This principle is summarised in the case of Ephson Homes Housing Association v Moisejevs[2001]33 HLR 594. In particular, giving the judgment of the Court of Appeal, Simon Brown L.J. said at page 599: “The effect of Aldwinckle itself was helpfully summarised by Lord Justice Nourse in London Borough of Hammersmith & Fulham v Hill (1994) 27 HLR 368, 371, thus: ‘... after a warrant for possession has been executed in this class of case it can only be suspended or set aside if either(1) the order on which it is issued is itself set aside;(2) the warrant has been obtained by fraud; or(3) there has been an abuse of process or oppression in its execution’”. ‘... after a warrant for possession has been executed in this class of case it can only be suspended or set aside if either (1) the order on which it is issued is itself set aside; (2) the warrant has been obtained by fraud; or (3) there has been an abuse of process or oppression in its execution’”.[11]Simon Brown L.J. went on to cite the case of Camden London Borough Council v Akanni[1997] 29 HLR 845, 849, where Brooke L.J. said: “The context in which the court is willing in a rare, but appropriate, case to intervene to nullify the execution of a warrant for possession goes back to the principles set out in the judgment of Bowen LJ in this court in McHenry v Lewis [1882] 22 Ch 397 at 408. He said: ‘I would much rather rest on the general principle that the court can and will interfere whenever there is a vexation and oppression to prevent the administration of justice being perverted for an unjust end. I would rather do that than attempt to define what vexation and oppression mean; they must vary with the circumstances of each case’”. ‘I would much rather rest on the general principle that the court can and will interfere whenever there is a vexation and oppression to prevent the administration of justice being perverted for an unjust end. I would rather do that than attempt to define what vexation and oppression mean; they must vary with the circumstances of each case’”.[12]The Claimants say that Mr Ghassemian’s challenges to the order for sale have failed both in the County Court and the High Court, so it is not possible for him to challenge the possession order, and his assertion that there was a fraud or oppression in relation to the execution of the Writ has no merit whatsoever. In particular, it is alleged that his argument rests on factual allegations which are patently untrue. The Claimants go further and say that as well as lying to the court in this and a series of other applications, Mr Ghassemian has fabricated documents to try to support his case. Finally, the Claimants submit that Mr Ghassemian’s argument that the court should order reinstatement because of the New Claim cannot be correct: first because a court cannot set aside a writ if there are no grounds to do so, and this would not fall within any of the grounds to which I have just referred; and secondly, because the New Claim has been struck out and Mr Ghassemian’s application to set aside that order was also dismissed on 19th February 2016.[13]Before I turn to consider the allegations of abuse of process, I need to consider the extensive evidence that has been presented to me of Mr Ghassemian’s dishonesty, attempts to mislead the court, and fabrication of documents. Mr Armstrong referred to a judgment of Patten J. in the case of Re: Equity & Provident Limited [2002] EWHC186 (Ch). A petition was presented by the Secretary of State for Trade and Industry which sought the winding up of a company known as Equity & Provident Limited on grounds of public interest. Essentially, the grounds were: the company’s failure to cooperate with requests for information made by the Secretary of State; the misleading nature of the business that was conducted by the company; and the company’s attempts to solicit investments without being authorised to conduct investment business under the Financial Services Act.[14]Patten J. recorded at [5] that from the date of its incorporation until he resigned on 8th June 1998 Mr Ghassemian was the sole director of the company. Patten J. went on to make extremely serious findings against Mr Ghassemian in that case. In particular, at [17], referring to some correspondence purportedly from a Mr Langroody relied on by Mr Ghassemian, he said:
“I do not believe one word of this evidence. It seems to me obvious that the correspondence purportedly written by Mr Langroody was designed to obtain some clarification from the FSA of its view of the scope of the provisions of the Insurance Companies Act which might assist the company in the queries which the FSA had raised. To suggest that a letter written in similar terms only a few days later was an unconnected coincidence and that Mr. Langroody referred to English case law unprompted by Mr Ghassemian or the company simply defies belief. The more I listened to Mr Ghassemian the more convinced I became that he was the author of this correspondence and was tripped up when the fax footers were brought to his attention”
. So, the judge concluded that Mr Ghassemian, whilst relying on correspondence apparently from a third party, had written it himself.[15]At [22], Patten J. referred to Mr Ghassemian’s application to discharge the provisional liquidator, which came before Mr Peter Leaver QC sitting as a Deputy High Court Judge. At [23], Patten J. recorded that Mr Ghassemian made submissions to the effect that there was a legitimate concern that the Deputy Judge might not have been impartial and invited Mr Leaver to set aside his order and remit the matter for hearing before another judge, which Mr Leaver declined to do. Patten J. said:
“I mention this matter not because it has had any practical consequences but because it represents a further example, in my judgment, of the lengths to which Mr Ghassemian is prepared to go in order to seek to obtain the result he wants. I am more than satisfied that the suggestion that he was telephoned by a member of the Lord Chancellor's Department was a complete fabrication on the part of Mr. Ghassemian. It seems to me most unlikely that any member of the Lord Chancellor’s Department would have been in court to hear an application which was not even listed to be heard by Mr Leaver…”
He then continued: “I also find it impossible to believe that a member of the Lord Chancellor's Department would contact a party to the application without first communicating with the judge. The reality is that Mr Ghassemian invented this story in a vain attempt to obtain a rehearing of his unsuccessful attempt to discharge the provisional liquidator”.[16]At [36], Patten J. referred to further correspondence, purportedly from a third party, which he decided was written by Mr Ghassemian. He said:
“I have reached the conclusion that all of this correspondence was written by Mr Ghassemian and that he must take full responsibility for the untrue statements made about Mr Ghassemian's involvement in the company”
Understandably, in the light of these very serious findings, Patten J. said at [65]: “It will be apparent from those parts of my judgment that I regard Mr Ghassemian’s conduct of the Company’s affairs as wholly unacceptable. I am afraid to say that he struck me as both devious and dishonest, and in short was willing to say or do anything to fend off the legitimate enquiries of the regulatory authorities”.[17]Mr Ghassemian has drawn my attention to the case of Secretary of State for Trade and Industry v Bairstow [2003] EWCA Civ 321. At [27] the Vice Chancellor stated as follows: “I would accept the submission of counsel for Mr Bairstow that the factual findings and conclusions of Nelson J. in the earlier proceedings are not admissible as evidence of the facts so found in these proceedings. Counsel for the Secretary of State accepted that he could not rely on any statutory or common law exception to render those conclusions admissible for the purpose of proving those facts”.[18]I accept that I cannot rely on Patten J.’s very serious conclusions about Mr Ghassemian’s perjury and fabrication of documents as evidence in these proceedings that those facts were true. However, at [17] of the judgment in Bairstow the Vice Chancellor, having cited Hollington v F Hewthorn & Co Ltd [1943] KB 587,made clear that a conviction is only proof that another court considered, in that case, that the defendant was guilty of careless driving. It seems to me that when I turn to the Claimants’ application for an extended civil restraint order, Patten J.’s finding that Mr Ghassemian was dishonest in the case before him is something that I must bear in mind when considering whether to exercise my discretion to make such an order.[19]The next example that has been drawn to my attention, which is much closer to the present case, is that in a claim for adverse possession, which Mr Ghassemian brought against the first Claimant, Deputy Adjudicator Mark found that he had concocted his case, fabricated his evidence and referred to his willingness to mislead. In addition, on 1st October 2015, Deputy Master Partridge revoked his own order of 30th September 2015 made in these proceedings. This is one of a number of orders which Mr Ghassemian has obtained ex parte, only for the judge or master, when hearing the inter partes application, to find that he or she had been misled by Mr Ghassemian. On this occasion Deputy Master Partridge revoked his order on the ground that it was made upon the basis of misleading evidence from Mr Ghassemian.[20]Furthermore, on 23rd February 2016 the Court of Appeal allowed an appeal by a company known as Tigris Industries Inc., in proceedings which were brought against Mrs Sartipy. These proceedings followed an unsuccessful application against Tigris Industries Inc. by Mr Ghassemian and his mother for adverse possession. Mrs Sartipy alleged in those proceedings that she held the Property on trust for Mr Ghassemian. Master Teverson found that the will that was said to give rise to the trust was a sham. Mrs Sartipy successfully appealed to the High Court but the Court of Appeal allowed Tigris’s appeal. It follows that the assertions made by Mr Ghassemian that he was the beneficiary of a discretionary trust in the service charges claim were untrue.[21]Turning now to the current application, I find that there is that there is extensive evidence that Mr Ghassemian has attempted to mislead the Court and has fabricated documents in order to do so. In particular, a fundamental part of Mr Ghassemian’s current application is that he claims to have issued an application notice dated 1st June 2015, which included the allegation that he was a regulated tenant, and exhibited his purported tenancy agreement. He alleges that District Judge Silverman, who heard the case on 10th June 2015, refused to hear his application of 1st June 2015. The truth is that that application was not issued or filed on 1st June 2015. It did not exist at that date.[22]I find that Mr Ghassemian backdated an application issued in October 2015 and falsely claimed in his witness statement that it had been issued and filed on 1st June 2015. The evidence in support of this is set out in a witness statement from Susan Fritsche, solicitor for the Claimants, dated 17th February 2016. In particular, at [18], Ms Fritsche responded to Mr Ghassemian’s evidence that he lodged an application notice on 1st June 2015. She explained that:(a) That application notice was never seen by the Claimants until a copy was enclosed by Mr Ghassemian with an application dated 10th October 2015. It was certainly never served or referred to in any way prior to the hearing on 10th June 2015.(b) The copy of the application notice received by the Claimants was unsealed.(c) The court staff have informed her that no such application was issued on 1st June 2015. Emails between Ms Fritsche and Stephanie Solomon of the County Court at Central London are exhibited, which confirm this.(d) Mr Ghassemian’s Counsel made no reference to an application notice of 1st June 2015 at the hearing on 10th June 2015, despite referring to other outstanding applications. Mr Ghassemian was represented by experienced counsel at that hearing who made reference to numerous applications. Had an application of 1st June existed, he would undoubtedly have referred to it.(e) Mr Ghassemian’s Counsel made no reference to the crucial allegation said to have been made in that application, i.e. Mr Ghassemian’s alleged regulated tenancy.(f) Mr Ghassemian made no reference to that application notice or regulated tenancy in his appellant’s notice dated 29th June 2015 seeking to appeal the order of 10th June 2015. That, again, is an inexplicable omission, given that that appellant’s notice set out in considerable detail all of the relevant applications that Mr Ghassemian had made by that date.(g) Mr Ghassemian made no reference to an application notice of 1st June 2015 at the hearing before Judge Mitchell on 17th August 2015. Mr Ghassemian made some passing reference to his alleged regulated tenancy on that date. If he had made an application seeking to establish this regulated tenancy some months earlier, which District Judge Silverman had refused to hear, he would undoubtedly have told Judge Mitchell about it.[23]Ms Fritsche then states at [19]-[20]:
“19. Furthermore, earlier today I attended a Central London County Court Users Group meeting. I raised the issue of Mr Ghassemian’s alleged application of 1 June 2015 and I also referred to the email that he has exhibited to his statement from Alex Scott dated 4 June 2015 (page 23 of his exhibit). Mr Ghassemian relies on this email as evidence that he did issue the application (and pay the fee) on or around 1 June 2015. See paragraph 47 of his statement. 20. Mr Ghassemian states, quite clearly, that the email from Alex Scott acknowledged receipt of the £50 court fee in respect of the1 June application. The documents which I have been given are exhibited herewith marked “SF12” and they prove beyond any reasonable doubt that Mr Ghassemian is misleading the court once again”
. This evidence requires further explanation.[24]Mr Ghassemian said at [47] of his witness statement dated 12th February 2016: “CLCC confirmed by letter on 28.1.2016 that they received £50 and £140 on 30.06.2015. The latter amount was for the appellant’s notice I lodged – as from the order for sale of 10.6.2015 and the former amount of £50 was in respect of the all important 1.6.2015 application notice that the then Manager of CLCC had emailed to me on 4.6.2015 acknowledging receipt of the same and confirming that it will be before the hearing on 10.6.2015 that as I stated earlier was unfortunately not to be so…”.[25]So, Mr Ghassemian was quite clearly saying in his witness statement that he had paid £50 in respect of his 1st June 2015 application and that this had been confirmed by email. In support of this, he exhibited an email from Mr Scott recording receipt of £50. Comparing this document to Ms Fritsche’s exhibit SF12, it is clear that Mr Ghassemian has removed from this email chain his own email which reveals what the £50 fee was paid in respect of. The email to Mr Scott makes clear that the £50 payment was in respect of a quite different application dated 15th May 2015. The fact that Mr Ghassemian, on this application, has deliberately deleted his own email from this email chain and has falsely claimed in his witness statement that the fee was paid in respect of the 1st June 2015 application is extremely serious. It amounts to lying to the court and falsification of documents.[26]Unfortunately, that is not the only allegation of dishonesty which I have to deal with. Mr Ghassemian, for purposes connected with his allegation that the Writ was wrongly issued, has sought to allege that the Writ was obtained pursuant to a form known as a N293A form which he has included at tab 3 of his bundle. This form is only suitable for a writ of possession against trespassers. Mr Ghassemian has put forward a case that the wrong document was used, and that the Claimants misled the court because he is not and never has been a trespasser.[27]There is overwhelming evidence before me that this document, far from being filed by the Claimants, was created by Mr Ghassemian for the purposes of his application. As is made quite clear in evidence to which I refer below, the Claimants allege that the document is a forgery. At the request of Mr Ghassemian, on 25th February 2106, I granted an adjournment to enable him to put in evidence to meet this very serious allegation. He has not done so. He has produced a couple of emails which, as I will explain, say absolutely nothing.[28]I now turn to the evidence which has been served by the Claimants which explains that the N293A form was not filed by them. First, there is a witness statement of Susan Fritsche dated 23rd February 2016 which sets the background from her perspective as the solicitor acting for the Claimants. In particular at [9] she says:
“In paragraph 18 of Mr Ghassemian’s skeleton argument he makes reference to false information being given to the High Court on the application for the writ of possession and transfer of the enforcement of the order for possession from the County Court to the High Court. In support of that allegation, he makes reference in paragraph 19 to a form N293A which he exhibited in Tab 3 of his bundle. I have shown both Ben Pinner and Cheryl Thomas a copy of the N293A document exhibited by Mr Ghassemian and they have informed me that it was not a document which was filed by them and it is a document that would only have been used to evict trespassers and persons unknown. Cheryl Thomas has also highlighted various discrepancies in the document produced by Mr Ghassemian such as (a) the failure to include the defendant’s address in part one of the form, which is impossible for the High Court Enforcement Officer not to do as the form is generated on their computer system (b) the amount claimed in the form is incorrect and (c) the figure for interest is also incorrect.”
[29]I then turn to the statement of Ben Pinner, a paralegal High Court Enforcement Officer and agent for High Court Solutions. At [5]-[8] of his statement he says: “5. I received instructions from High Court Solutions to apply for the transfer of the enforcement of the order for sale from the County Court to the High Court and to obtain a sealed writ of possession for the property known as 56 Chatsworth Court, Pembroke Road... [he gives the address]. 6. With my instructions, I received the completed form PF86A Writ of Possession dated 21 September 2015 which had been signed by the claimants’ solicitors… together with a copy of the order for sale... 7. On 28 September 2015, I issued an application notice N244… in the Queen’s Bench Division of the High Court which sought leave for the transfer of the enforcement of the Order for Sale to the High Court pursuant to section 41 of the County Courts Act 1984. There was no requirement for the application to be dealt with on notice and I attended before Deputy Master Partridge on the same day who ordered the claim to be transferred to the High Court… 8. I then presented the sealed PF86A form and sealed Order of Deputy Master Partridge to the High Court for the Writ of Possession to be sealed. The sealed Writ of Possession was then sent by me to High Court Solutions on 28 September 2015 to be enforced”.[30]He confirms that the document produced by Mr Ghassemian, namely the N293A Combined Certificate of Judgment, had never been seen by him and it is not a document that he had filed with the court. Mr Pinner exhibits the documents that he filed including the relevant form PF86A. Ms Cheryl Thomas, also employed by High Court Solutions, has confirmed this in further evidence. She says at [5] that she has sent a completed PF86A form to Susan Fritsche to be signed and returned to her:
“The signed form was returned and I then sent it to Mr Pinner with instructions to deal with the transfer of the Order for Possession to the High Court by a High Court Enforcement Officer”
. She then says that there are many discrepancies in the form N293A which has been produced by Mr Ghassemian. I shall refer to certain examples. She says: “9.2 Had we raised the N293A form, then we would most definitely have included the defendant’s address in part one of the form. It is impossible for us not to do this as the form is generated on our system at a click of the button. Furthermore, a case cannot be generated on our system without the defendant’s address… 9.4 Our system would generate the amount due as £50381.80 and not as shown with the comma. The figure is also incorrect. Whoever has completed the spoof form has requested an additional £111.75 which cannot and is never added to the N293A form but is added to the subsequent Writ of Possession only”.[31]There are many other examples that she gives. Her evidence is that this document is a relatively amateur forgery which her system could never have produced. Mr Ghassemian adduced no evidence in reply to this but merely produced an email that he had sent to someone in the Queen’s Bench Division asking for confirmation that a form N293A was on the relevant file. He did not receive that confirmation. Finally, and conclusively in my view, Mr Cripps, another witness on behalf of the Claimants, has served a statement which explains that he has checked the relevant file and there is no N293A form on it. In my view, the only possible explanation is that Mr Ghassemian has forged this document for the purposes of these proceedings and has been caught doing so.[32]I should also add that it appears that Mr Ghassemian attempted to hide documents from the Court File which showed that the correct forms had been issued. In particular, documents obtained from the Court File on the afternoon of 18th February 2016, when this matter was heard by Master McCloud, show that the Claimants’ agent had issued the correct form of request, namely PF86A, had applied for transfer of enforcement under section 41 of the County Courts Act 1984 on a form N244 and that Deputy Master Partridge had ordered the transfer as requested. However, according to the evidence of Mr Cripps, Mr Ghassemian tried to remove form PF86A, N244, and the order of Deputy Master Partridge from the Court File. He took the relevant documents, which Master McCloud had allowed to be copied at the court office, and hid them behind curtains in the Royal Courts of Justice. They were then found by Mr Cripps who had followed Mr Ghassemian when he left the court office before reappearing.[33]Furthermore, there have been a number of minutes of order which have made their way into the Court File, prepared by Mr Ghassemian, which have not been the orders made by the relevant masters on those occasions. I refer in particular to the bundle prepared by Mr Ghassemian for the hearing on 18th February 2016 which includes what purports to be an order made by Master McCloud on 9th December 2015. It is in fact completely different to the minute of order which was approved by the Master. Ms Fritsche’s evidence makes clear that is not the only occasion where Mr Ghassemian has produced a minute of order which is very different to the version which a judge or master has approved. The same thing happened in relation to an order of District Judge Silverman. Judge Silverman confirmed that Mr Ghassemian’s minute was not the correct version, which had been received by the Claimant’s solicitors from the court.[34]It follows that, on the evidence before me, I conclude that Mr Ghassemian has repeatedly attempted to mislead the court on this application and on previous applications in these proceedings, has lied in his witness statement and has fabricated documents to support his case.[35]I now turn to the substance of the applications. The first issue that I must consider is whether Mr Ghassemian is barred from making this application as it is an abuse of process of the court. As I have said, this is the seventh time in which the same or a similar application has been made by him. The policy reasons for refusing to allow litigants to have a second bite of the cherry are twofold. First, the successful party should not be vexed in the same matter twice. Secondly, the administration of justice and the public interest requires that a litigant should not be entitled repeatedly to bring his case. This prejudices other litigants who wish to use these courts. In my judgment, there is overwhelming evidence that Mr Ghassemian has presented this case and these allegations on numerous occasions. When he has been unsuccessful, he has issued a fresh application before a different judge or master. I will not set out in this judgment all of the details of his many attempts. Rather, I will rely on the chronology which has been prepared by the Claimant and which I have annexed to this judgment.[36]I am in no doubt that this application is an abuse of the process of the court. It is plain that yet another application by Mr Ghassemian to set aside the Writ cannot be allowed to proceed. I have also considered Mr Ghassemian’s attempt to argue at [35] of his witness statement that a very different set of circumstances now apply compared to his previous applications. This is a high hurdle to surmount, given the number of applications seeking essentially the same relief that Mr Ghassemian has tried to make. The only material change in factual circumstances since the hearing before Barling J. on 17th December 2015 is that the permission to appeal which he was granted on that occasion has now been revoked. In other words, the change of circumstance, if anything, has made Mr Ghassemian’s position even weaker. The Writ was issued to enforce the order for sale and all of his challenges to the order for sale have now been unsuccessful.[37]Mr Ghassemian also tried to rely on a Practice Note from Master Fontaine dated 14th December 2015 as a change of circumstance. In my view, that Practice Note is irrelevant to the present case. It concerns N293A forms. Given that I have found that Mr Ghassemian’s claim that the Claimants obtained the Writ pursuant to an N293A form is false, then the Practice Note, which concerns judgment debts of £600 or possession orders against trespassers, has nothing to do with the present case. Furthermore, a change in court practice in December 2015 could not be used to invalidate a writ already executed in accordance with the appropriate practice and procedure in force at the time. So, even if the Practice Note did have some relevance, which it does not, it would not affect the present case.[38]I also note that Mr Ghassemian tried to raise lack of notice as a ground to set aside the Writ before Master McCloud in December 2015. His arguments were accepted when presented to the Master at an ex parte hearing. However, when Master McCloud heard both parties on 9th December 2015, in common with many other masters and judges in this case, she considered that she had been misled by Mr Ghassemian and revoked her order. So, the only change that has occurred since the previous applications is that Mr Ghassemian’s position has become even worse, and it is quite clear that there is no reason to reopen this case.[39]Even if I am wrong about that, I consider that the allegations that Mr Ghassemian seeks to raise are totally without merit. First, his argument based on his alleged status as regulated tenant cannot be entertained on the present application. He could only raise this issue by an appeal against the order for sale but his attempts to appeal have all failed. Secondly, I turn to Mr Ghassemian’s arguments relating to the issue and/or enforcement of the writ itself. Many of those arguments did not focus on alleged oppression in the execution of the writ, which is the relevant question. Mr Ghassemian’s main arguments were that no permission was obtained from the court to issue the Writ and that he was not given notice of the Writ. The allegation that no permission was obtained, as I understand it, was not raised until this hearing, and so the Claimants have not had the opportunity to respond to it in evidence. I doubt if it is correct, as it appears from the evidence of Mr Pinner that he attended on the Master and the application and the Writ were approved by the court. In any event, I would not consider, in the exercise of my discretion, that this would be a ground for setting aside the Writ. This would require evidence of some kind of oppression or positive unfairness against Mr Ghassemian, and I have seen nothing like that.[40]As to Mr Ghassemian’s argument that he should have been given notice of the Writ, he relied on an ex tempore judgment of Rose J. in Helen Nicholas v Secretary of Statefor Defence [2013] EWHC 2945 (Ch). That case concerned an application by Ms Nicholas to set aside an order made by Deputy Master Matthews granting the Secretary of State permission to issue a writ of possession. There were two grounds pursuant to which Rose J. felt it appropriate to set aside the writ in that case. The first was that the court had been informed, when permission to issue the writ of possession was obtained, that the defendant had not applied for permission to appeal to the Supreme Court and that there was no order in force staying the order for possession. That was untrue, and the court was misled. Secondly, Rose J. considered CPR 83.13(8)(a) and concluded that notice was required to be given to Ms Nicholas, and that the absence of notice was an additional reason for setting aside the writ of possession.[41]CPR 83.13(8)(a) provides that permission to issue a writ of possession will not be granted unless it is shown:
“that every person in actual possession of the whole or any part of the land (“the occupant”) has received such notice of the proceedings as appears to the court sufficient to enable the occupant to apply to the court for any relief which the occupant may be entitled;”
[42]The note at paragraph 83.13.9 of the White Book indicates that the effect of this rule is that notice of an application for a writ of possession must be given to every occupant of all or a part of the property, and that the court will not grant permission without the occupants having had the opportunity to apply to the court for relief. The case of Leicester City Council v Aldwinkle (The Times, April 5 1991) is relied on in support of this proposition. Mr. Armstrong submitted, convincingly, that the proposition set out in the White Book is incorrect and is not supported by the case therein cited. He submitted that the rule is concerned with whether or not the relevant occupant has had actual notice, not whether he or she has been given notice. However, this is not a point that I need to decide. I have held that Mr Ghassemian is barred from raising this allegation.[43]In any event, even if it is the case that notice is required to be given under CPR 18.13(3)(a), in order to set aside a writ of possession I would need to be satisfied that the execution of the writ had been oppressive. In the circumstances of the present case it is clear that Mr Ghassemian had notice of the relevant proceedings and that he was well aware of the order for possession. He made many unsuccessful applications for relief from the effects of this order. Therefore, in the words of CPR 83.13(8), he received notice of the proceedings sufficient to enable him to apply to the court for relief.[44]Furthermore, there has clearly been no oppression in the manner of execution of the Writ. Nothing has been unfair to Mr Ghassemian and therefore even if I had considered that his submission about the effect of CPR 83.13(8)(a) was correct, I would certainly not have set aside service of the writ. I should add, finally, that Mr Ghassemian tried to rely on the New Claim as justifying an order for reinstatement. That is a claim that has been struck out and his application to set aside the strike out has also been dismissed. Therefore, it does rise to any arguable point on this issue.[45]For the reasons set out above, I conclude that Mr Ghassemian’s application is totally without merit and I dismiss it.[46]I then turn to the Claimants’ application for an extended civil restraint order. The Claimants first applied for a limited civil restraint order on 14th December 2015. That position has then been updated by extensive evidence which Mr Ghassemian was given the opportunity to answer in evidence but did not do so. There are two express findings that prior to this application Mr Ghassemian has made applications which were totally without merit. In particular, I refer to the order of Deputy Master Partridge and the order of Master Fontaine. I have also found that this application is totally without merit. Furthermore, there are numerous instances, which I have set out in this judgment, of cases where Mr Ghassemian has applied ex parte to the court, has misled the judge or master and has obtained an order which has subsequently been discharged, the judge or master referring to the fact that he or she has been misled. Although not expressly stated by the judge or master to have been applications which were totally without merit, this was plainly the case.[47]I should also add that Mr Ghassemian issued the New Claim which was an abuse of process, and showed his refusal to accept the decision of the court. This, as a part of the long history of repeated applications to which I have referred, shows his determination to raise the same matters again and again if a civil restraint order is not made. So, for those reasons I will make an extended civil restraint order and will hear from Counsel shortly as to the form of that order.[48]Finally, I consider the application of the Claimants to discharge Henderson J.’s order of 29th January 2016. That is another instance where Mr Ghassemian misled the court into making an order. The relevant facts are set out by Ms Fritsche in her witness statement of 18th February 2016. In summary, Ms Fritsche says that: “On 27th January 2016, I informed Mr Ghassemian that the Claimants were willing to undertake not to sell the property or remove any contents until his new claim had been determined or a further order. I objected to the paragraph in the application notice dated 18th January 2016 seeking a determination of the new claim prior to 29th January”.[49]She then says at paragraph 30 that in spite of that limited assurance of a temporary undertaking, “I then discovered that he filed an application to set aside Master Matthews’ order and it was listed for 19th February”. She continues at [31]-[32]: “31. I assumed that this would resolve matters until the hearing on 19th February 2016. However, on 1st February 2016 I was surprised to receive an email from Mr Ghassemian enclosing an order he had obtained from Mr Justice Henderson on Friday 29th January 2016 ordering the Claimants not to exchange contracts for sale of the Property or remove the contents and chattels pending determination of the appeal in claim number CH/2015/0495. Mr Ghassemian had of course given absolutely no indication he was going to make such an application. 32. That order was made in claim CH/2015/0495 i.e. the main proceedings in which Mr Ghassemian had sought to appeal the various county court orders. The only matter which was still live, however, was the application for permission to appeal against the civil restraint order of HHJ Mitchell dated 18th August 2015. That appeal is of course of no relevance whatsoever to the sale of the Property. Permission to appeal against the order of 10th June 2015 had been revoked”.[50]So, Mr Ghassemian had appeared before Henderson J. ex parte and had obtained an order preventing exchange of contracts on the Property until determination of proceedings which had absolutely nothing to do with the sale of the Property.[51]Ms Fritsche then contacted Henderson J.’s clerk and received an email in response which included the following: “On reflection, I have very grave doubts whether there was a proper jurisdictional basis for my order of 29th January. I regret this but hope that no harm has been caused because its purpose was merely to record in formal terms an undertaking which on the material before me the respondents, through Wedlake Bell, had already expressed their willingness to give. No order for costs was sought”.[52]Unfortunately, unbeknown to Henderson J., because the order extended the undertaking until the conclusion of quite separate proceedings, its effect was not the same as the undertaking which Wedlake Bell had offered. Therefore I have no hesitation in discharging the order of Henderson J., as I am sure he would wish to do in the present circumstances. That concludes this judgment. THE JUDGE: Mr Armstrong? MR ARMSTRONG: Yes, there is a standard form for civil restraint and I have got the precedent. I have also got― THE JUDGE: Yes, this is for an extended civil restraint. MR ARMSTRONG: For an extended civil restraint. First of all, this is the standard of order. THE JUDGE: Yes. MR ARMSTRONG: I have filled in the details of one, which I am just trying to find in my papers. THE JUDGE: Yes. MR ARMSTRONG: But having become aware of what happened earlier today and having spoken briefly before coming into court with Mr Holden, one specific issue is whether or not there ought to be a slight amendment made. THE JUDGE: So, I have just a blank document at the moment. MR ARMSTRONG: Yes, as I say, I have... I am just trying to find it. I have filled in a version of that but the key wording which is the standard wording in the precedent... It is under section 2 of the draft of the order. THE JUDGE: Yes, has Mr Ghassemian got a copy of what you are looking at? MR ARMSTRONG: I think I gave him a copy. Did I give you a copy... no. I apologise. THE JUDGE: Right. MR ARMSTRONG: Yes, so if one looks at section 2 of that order it sets out the normal wording and you can see the key point and the difference between the limited and the extended civil restraint orders. This does not just apply to applications in the current proceedings but matters which are related to or connected with. THE JUDGE: Yes. MR ARMSTRONG: I am pleased to say I have found the copy that I filled in but just to say the point which... I will sort of come on and refer to the various claim numbers which I have put in. I am not entirely sure how your lordship may want to do it but― THE JUDGE: It seems to me... I am sorry to interrupt you but this order needs to be... one option is to extend this order to any claims in respect of the property. MR ARMSTRONG: That is exactly what I was going to invite your lordship to be doing. I mean it seems to me that certainly any claims by Mr Ghassemian against Chatsworth Court or C A Daw & Sons would undoubtedly be covered. THE JUDGE: Of course. MR ARMSTRONG: But I suspect the standard wording here would also probably cover an application that he might make― THE JUDGE: It might do but it needs to be made expressly. 53. MR ARMSTRONG: Exactly, so I was going to... when I had spoken to Mr Holden I was going to suggest that it be altered to add, so that it will read:
“It is ordered that you be restrained from issuing claims or making applications in any of the courts specified below concerning any matter involving or relating to or touching upon or leading to the proceedings in which this order was made and in particular which relates to the property known as flat 56 Chatsworth Court, Pembroke Road... [etcetera] without the permission of...”
Of course, the next thing is that a judge has to be named. Having dealt with this matter, I would invite your lordship to nominate yourself as the named judge. Obviously, I did not want to put it in there. I did not want to sort of overstep the mark but clearly you have made very important findings in relation to this matter and you have had the― THE JUDGE: Yes, I will. MR ARMSTRONG: I am grateful. An alternative has to be listed as well from available [inaudible] and I do not know who that should be. THE JUDGE: No. MR ARMSTRONG: You will see that I have filled in the courts which are covered, the High Court and any County Court. THE JUDGE: I mean I am going to just... I will check it when you send me the minute of order. If there is an alteration I will make it but I am going to specify Mrs Justice Asplin, who probably will not thank me, but there we are. MR ARMSTRONG: No, right. There is also the question of how long this should remain in force for? I think what we suggest is two years. THE JUDGE: Yes, that is what I saw in the previous case. MR ARMSTRONG: Indeed, it seems to be a fairly sort of standard period but apart from that there is only the question of the boxed section 3, dealing with costs, but obviously we have not yet dealt with costs but apart from that one change that we talked about, I just propose that it be therefore the standard form. In terms of the... of course, because it is extended in one sense it could be said that the exact case reference may not be as crucial as it would be if it was a limited civil restraint order. The difficulty is there have been so many different case numbers and references which appear. What I have included is the IHQ/15/0591. That is the reference which I think has been used by Mr Ghassemian in relation to this particular application and which has been used by the Queen’s Bench Division in respect of applications made in respect of the writ but of course in these same proceedings there is the Chancery appeal reference, which is the CH/2015/0495. THE JUDGE: So, you have included all of these at the top. MR ARMSTRONG: Yes, just to check that your lordship feels that it is appropriate to include all of these. THE JUDGE: I do. MR ARMSTRONG: The other two numbers I have put in are the County Court case numbers. THE JUDGE: Yes. MR ARMSTRONG: So, again, it is the same proceedings. The first number, the B10CL295 that is the correct County Court number of the order for sale proceedings. I have included the B10CL480 because that is a mistake but that is a number which has appeared on a version of the order in the County Court. THE JUDGE: Right. MR ARMSTRONG: So, it seemed sensible to leave no stone unturned. I mean, I think the only other point which may be relevant in terms of the name of the person against whom the order is made I have just said also Mr Langroody, simply because we do not want a situation where he brings an application in the name of Mr Langroody. THE JUDGE: Yes. MR ARMSTRONG: But as I say apart from that, I have just then set out in terms of, “Upon reading...” obviously that could be an extremely extensive list. So, I have referred simply to our application for the CRO; Mr Ghassemian’s application, the notice of 12th February; our application to set aside the order of Mr Justice Henderson; and then I have simply referred... by all means say if I ought to specify the witness statements and so on but I have referred to the documents contained in the three lever arch files, served by the Claimants in lever arch files, served by Mr Ghassemian in relation to this application. THE JUDGE: I think there are too many witness statements to list in this box by that means. MR ARMSTRONG: Indeed, so I thought if I simply refer to the bundles which are before your honour, that obviously includes all of the witness statements. THE JUDGE: All right. Yes, so you will need as well as this civil restraint order, you will need an order dismissing Mr Ghassemian’s application. MR ARMSTRONG: Yes. THE JUDGE: And recording that it is totally without merit and we need to deal with costs and you will also need an order setting aside Mr Justice Henderson’s order. MR ARMSTRONG: Yes. THE JUDGE: But you will send me a minute. MR ARMSTRONG: I will send a draft minute, yes. THE JUDGE: Mr Ghassemian, would you like to say anything about this order? MR GHASSEMIAN: The first point that I am making is in respect of extending the civil restraint order is where it nominates under section 2two judges. Might it not be more appropriate rather than naming the second judge or if unavailable a judge hearing the applications. The reason why I say this is because maybe your lordship and Mrs Justice Asplin are [inaudible]. THE JUDGE: No, I do not think so. The form is to name two judges but thank you. I may not... I will talk to Mrs Justice Asplin as soon as I can. There may be an alteration but that is what― MR ARMSTRONG: Indeed, just in respect of that point, of course, the important point is two named judges to avoid a situation where Mr Ghassemian can just turn up to the applications court and― THE JUDGE: That is why I declined to do that. MR ARMSTRONG: Indeed, I am grateful. THE JUDGE: Is there anything else you would like to say, Mr Ghassemian, about that? MR GHASSEMIAN: No, I am just envisaging a situation where none of the two judges are available. THE JUDGE: Do not worry about that. So, I think we now need to deal with costs. MR ARMSTRONG: Obviously, in terms of the principle of costs Mr Ghassemian’s application has been unsuccessful and our applications have both been successful, so I say that the normal rule should follow. I would also invite your lordship to assess the costs on an indemnity basis because this clearly is a case which is out of the normal, the findings which your lordship has made about the dishonesty and so on and so forth. In terms of the amount, obviously, I would ask that there be a summary assessment. I am just, I have to say, checking I have a schedule of costs which took matters up to 25th February, so that was the hearing before your lordship last week. I know that there has been another... obviously, we served an updated copy on Mr Ghassemian yesterday but the hearing... shall I hand these― THE JUDGE: Fine, pass it to me. I think the first question is, which I am just going to ask Mr Ghassemian about... Mr Ghassemian, you may know that costs can be assessed on different bases. One is a standard basis, where costs can be reduced on the basis that they have been unreasonably incurred or are disproportionate and there is an indemnity basis where costs are only reduced if they are disproportionate. It often makes very little difference but indemnity costs are only awarded where the case is out of the norm, for example, there has been some finding of dishonesty, which I have found, and therefore, subject to what you may wish to say, I am minded to order indemnity costs. Do you want to say anything about that? MR GHASSEMIAN: My lord, I believe that your lordship is going to order indemnity costs and I am not going to take up your lordship’s time. THE JUDGE: Thank you. So, I will order indemnity costs and we will now look at the schedule. MR ARMSTRONG: I am grateful. As I say, so there are basically two schedules. They are not very long, which I am going to hand up. I am just checking I am handing up the right copies... yes. So, one was the schedule prepared for last week and then another one taking into account yesterday’s hearing. THE JUDGE: Yes. MR ARMSTRONG: There are also the costs of today but I would not propose to ask for anything extra. THE JUDGE: No, so the total is... is it £9,000, or are there lots of different bills you have just handed me? MR ARMSTRONG: There are two schedules. THE JUDGE: Yes, so I have got statement of costs, summary assessment and the first schedule which appears to be... is that right, £9,030? That is in respect of Mr Ghassemian’s application, is it? MR ARMSTRONG: Can I just check? Is that the one...? I believe that should be dated 25th― THE JUDGE: Then, there is an extended civil restraint... no... MR ARMSTRONG: What is it, the costs...? It is not a case of separate costs schedules in respect of the separate applications. The only reason you have two schedules is one... because we prepared it for when we hoped it would be heard on 25th February and so the second one is simply the costs incurred since that date. THE JUDGE: So, what is the total that you are seeking? Is it £9,100 plus £2,100? MR ARMSTRONG: Plus £2,100. THE JUDGE: So, it is £12,130, correct? MR ARMSTRONG: Yes. THE JUDGE: Yes, I think that is pretty reasonable considering the amount of effort and witness statements that have been presented. Mr Ghassemian, you have here some costs schedules. Subject to what you may wish to say, I am minded to order £12,000 but if you do wish to comment in any way on these costs schedules being disproportionate to what was at stake, then please do. MR GHASSEMIAN: My lord, I just leave them up to your discretion. THE JUDGE: All right, thank you. So, £12,000. MR ARMSTRONG: I am grateful. I think from the point of viewof my clients that probably concludes matters. So, I suppose that just leaves― THE JUDGE: Mr Ghassemian, is there anything else you want to... any other applications you wish to make in the case that we have just heard over the last day and a half? MR GHASSEMIAN: My lord, one thing that comes to my mind is that there is my application to be adduced as a party in the main proceedings that was meant to be heard on 11th March. Can I just confirm with your lordship that your extended CRO does not to impinge on that application, the one where I have already received the requisite permission from the Gateway judge [inaudible]. THE JUDGE: Just a moment. Mr Armstrong, does this order extend to... I do not know whether he has received permission or not but that is quite another matter but does this order extend to that? Is this just High Court or is it anywhere... no, it is High Court and County Court. MR ARMSTRONG: It covers the County Court. The only issue might be, of course, on the wording. He is restrained from issuing claims or making applications. Now, I question whether making an application includes pursuing an application you have already issued or not. THE JUDGE: Yes. MR ARMSTRONG: Certainly, it is obviously news to― THE JUDGE: I had that point in mind anyway about whether it extends to pursuing an application. Can civil restraint orders prevent you from pursuing an application or merely making them? I mean obviously if Mr Ghassemian persists with his application on 11th March I have no doubt that you will draw this judgment to the attention of the judge and I do not think it is going to last very long but he may wish to do that, if he can. My question is can I make an order, a civil restraint order, which affects applications that have already commenced? MR ARMSTRONG: I have to say looking at the rules... it is set out in practice direction 3(c). What it talks about there is the restraining from making any further applications. THE JUDGE: Yes. MR ARMSTRONG: So, it does not... I cannot see any guidance on the question of whether it covers... and there is very little in terms of the guidance given. THE JUDGE: Quite. MR ARMSTRONG: I have to say I do not know but I would submit that in principle there is no reason― THE JUDGE: Let me have a look at the rule. MR ARMSTRONG: Yes. THE JUDGE: So, show me the rule. MR ARMSTRONG: Indeed. Unfortunately, the rule itself, it is not really set out in the rules itself. The only reference in the rules to CROs is dealing with the court’s powers to make an order of its initiative which is of course what His Honour Judge Mitchell did. THE JUDGE: Yes. MR ARMSTRONG: That is 3.3(7) at page 80 of the White Book. THE JUDGE: Yes. It does not say... what I am going to do― MR ARMSTRONG: So, that does not take it much further. There is then... there is also a reference to again the court exercising... considering whether or not to make a civil restraint order when it strikes out the statement of case. The only guidance dealing with CROs in this part of the White Book is what I actually referred to earlier, 4.10, but that is only looking at the question of when a claim is totally without merit and so it is then only the practice direction which actually deals with the wording and so on of the― THE JUDGE: I will tell you what I would like to do, given that it is one o’clock, I have another case at two, but I would like to spend... because also I know that the parties in... I have forgotten the name of that case? MR ARMSTRONG: Tigris. THE JUDGE: Yes, in the other case that has been waiting. I need to deal with that too because this issue affects them as well. MR ARMSTRONG: Absolutely. THE JUDGE: Therefore, what I am going to do is we are going to return to this at two o’clock to give you an opportunity to look at this question, Mr Armstrong. MR ARMSTRONG: I am grateful. THE JUDGE: We will spend... you will appreciate I have another appeal, actually, so the parties will be waiting but we can spend ten minutes on it. MR ARMSTRONG: I am grateful. [Short adjournment follows] THE JUDGE: Yes, so, Mr Armstrong, I have done a little research myself over the short adjournment. Maybe you would like to tell me what you have... the nominated judges are myself and Mrs Justice Asplin. MR ARMSTRONG: Right, I am grateful. There is one point which has occurred to me which I do not think has been mentioned before but it is that a civil restraint order is normally against a party and it is easy to forget, given that he has made so many applications, although described in various orders as intervenor, he has never actually been formally joined. THE JUDGE: No. MR ARMSTRONG: So, one of the matters I propose to include in the minute of order is that Mr Ghassemian be added as a party for the purposes of (a) the costs order and (b) the extended civil restraint order. On the question of whether or not an order can be made preventing him from pursuing an application, I cannot say that I have found a clear answer. THE JUDGE: I do not think it can be. I think the appropriate course... subject to what you tell me, Mr Armstrong, in relation to the pending application to... I believe it is to be joined as a party and then try and set aside the possession order. I could transfer that up to me now and deal with it now. That is one possibility. I could transfer it to the High Court, from the County Court to myself. MR ARMSTRONG: Right, of course we have not seen the application at this moment. THE JUDGE: I thought it was passed by me, actually. It was handed to me and then returned. MR ARMSTRONG: By Mr Ghassemian? THE JUDGE: Yes. How would you like to deal with it? I am in your hands on that one. You can, if you want, just go to the County Court and deal with it or if you want me to I could deal with it. MR ARMSTRONG: We would seek to... I mean, if your lordship could deal with it, we would be absolutely delighted for it to be dealt with today. Presumably, your lordship would be transferring it under section 41? THE JUDGE: Correct, up to here and deal with it now, otherwise you will have to turn up to the― MR ARMSTRONG: Yes, I would be most grateful if your lordship would do that. As I say, I have not seen the application but I think it is an application by Mr Ghassemian... first of all, he wants to be added as a party to the proceedings and then he wants to make an application, I think he said to vary the order for sale. THE JUDGE: Yes. MR ARMSTRONG: I am not sure what his grounds for varying the order for sale are, presumably to remove paragraph 5, which is the requirement that possession be given up. On the basis that that is the case, then obviously my submissions would be the application should be dismissed because the only possible grounds for him to do that is relying on the same information, the regulated tenancy, and for all the reasons why he cannot pursue it now, why it is an abuse, should be based on the appeal, would be relevant. The key point is that when one seeks to apply to set aside an order... so if somebody is not a party or they are not present, they are unaware of the hearing and therefore rather than appeal it the approach is to say, well, you can apply to set it aside if you were not there and so on and so forth. Of course, the point is he was there. He was represented. So, that is inappropriate. The only challenge that was correctly open to him is that he has already pursued, ie, his unsuccessful appeal. So, clearly, it is an attempt to re-litigate. THE JUDGE: I would like to deal with that point now, if I may, Mr Armstrong. So, Mr Ghassemian, you have, you mentioned, made an application pending in the County Court to be joined as a party and to set aside, I believe, the possession order. Is that correct? MR GHASSEMIAN: Yes. THE JUDGE: I propose to transfer that application to myself and deal with it now. MR GHASSEMIAN: My lord, can I ask... from memory, section 41 of the County Courts Act 1984 allows for the enforcement part of a claim to be transferred up, not the whole claim. There is no enforcement... the enforcement technically was transferred up as of September of last year. Is your lordship proposing to transfer the entire claim? I understand it is not up to the High Court to transfer― THE JUDGE: I have power to transfer any application in the County Court to myself which is what I propose to do. MR GHASSEMIAN: Yes, but not the main part, [inaudible] all of the enforcements. That is my recollection of section 41. MR ARMSTRONG: Section 41 is included in the small bundle of authorities that I handed up yesterday. THE JUDGE: I mean otherwise you will have to go the County Court. MR ARMSTRONG: Obviously, we do not want to do that. THE JUDGE: Yes, I mean plus there are general powers under the Senior Courts Act for a judge to transfer cases from the County Court to the High Court, as well as the County Courts Act. MR ARMSTRONG: I am trying to find the actual section 41. 54. THE JUDGE: It seems pretty general. It says... I have got it now in your bundle:
“If at any stage in proceedings commenced in the County Court or transferred to the County Court under section 40 the High Court thinks it desirable that the proceedings or any part of them should be heard or determined in the High Court, it may order the transfer to the High Court of the proceedings or as the case may be that part of them”
. So, what I intend to do is transfer that part of the proceedings, namely that application to me now and is there anything you would like to tell me about it? MR GHASSEMIAN: Yes, would your lordship be prepared to grant an adjournment? THE JUDGE: No. MR GHASSEMIAN: My lord, it was two applications. One was to the Gateway judge which [inaudible] and the substantive application was in three parts. Firstly, that I be joined in the proceedings and by being joined in the proceedings that the order of 10th June 2015 would then enable me to apply for a variation of that order and the variation asked for was that section 3, the order for possession be set aside. THE JUDGE: Yes. MR GHASSEMIAN: That is effectively what I was seeking, my lord, relief from.

MR GHASSEMIAN: Yes, would your lordship be prepared to grant an adjournment?

[53]THE JUDGE: I am going to order that the application that Mr Ghassemian indicates that he has made in the County Court be transferred to me now in the High Court pursuant to section 41 of the County Courts Act 1984 which provides that if at any stage in proceedings commenced in the County Court or transferred to the County Court the High Court thinks it is desirable that the proceedings or any part of them should be heard and determined in the High Court he may order the transfer to the High Court of the proceedings or, as the case may be, any part of them. Mr Ghassemian has indicated that he has made an application in the County Court to be joined as a party to these proceedings and to apply for the possession order to be set aside.[54]Having transferred that application to myself, it is closely related to the matters that I have considered in my judgment. This appears to me to be an obvious abuse of process, a further collateral attack on judgments which the court has already given, dismissing Mr Ghassemian’s many applications and I have no hesitation in dismissing this further application as an abuse of process and totally without merit. I should also indicate that because of the seriousness of the matters that I have found in my main judgment, particularly concerning fabrication of documents in order to mislead the court, I have decided to refer these papers to the Attorney General to see if further action needs to be taken. THE JUDGE: So, I think, Mr Armstrong, that probably, subject to anything else you wish to say, ends your part of the case and I am going to turn to the next part of the case or the separate case as it were and hear from― MR ARMSTRONG: I think that is right. The only thing I will mention is something which has been raised with me by the representatives of Tigris, first of all, whether or not there should be a reference to the CPS rather than merely the Attorney General on the basis that what he has been doing... first of all, it will be perjury, I suppose, the false statements in the witness statements but also of course in terms of his attempts to take court documents and/or fabricate documents. That is presumably attempting to pervert the course of justice and so various criminal matters quite apart from the civil aspects. THE JUDGE: Yes. MR ARMSTRONG: One of the cases which Mr Ghassemian has referred to in fact was a case himself against Kensington & Chelsea, Ghassemian v Borough of Kensington and Chelsea [2009] EWCA Civ 743 relating to overpayments of housing benefits. He was found liable to pay I think £45,000-odd, repay it on the basis that there was no legal liability for him to be paying the rent. In the course of that, certainly the local authority alleged that in respect of one of his grounds of appeal Mr Ghassemian had fabricated a letter. Mr Ghassemian then withdrew that ground of appeal so that the Court of Appeal did not need to consider it and therefore did not have to have [handwriting?] evidence but they certainly made a reference to the fact that the Appeals office ought to look at referring the matter to the CPS. Unfortunately, what tends to happen is these things never do get pursued but I would, therefore, invite your lordship to refer the matter to the CPS or to invite the court... I am not entirely sure of the mechanics of how it works. THE JUDGE: What I am going to do, I will refer the matter to the appropriate authorities and if it is the CPS as well as the Attorney General that is what I will do. MR ARMSTRONG: I am most grateful. The final matter relates to the possibility of making an order that Mr Ghassemian not to be allowed within the court premises unless accompanied by the Tipstaff, the reason being the difficulties as to documents going missing. I certainly have been aware, and I am sure Mr Holden can probably assist more than I can, but there have been occasions in the claim that he has brought against Tigris where documents may have been taken from the judge’s bench when― THE JUDGE: I am not persuaded that that is justified at the moment given the orders that I have already made. MR ARMSTRONG: I accept we have not made an application for it. I mention it having discussed the matter with Mr Holden. I do not press that but apart from that I think that deals with everything on my part. THE JUDGE: Right, thank you. MR ARMSTRONG: Thank you. THE JUDGE: So, Mr Holden, I think that the order I have made so far does not cover the pending application against you although it does cover future applications in respect of the property. Now, my understanding is that you wish to make an application to have the application against you dismissed as an abuse of process? MR HOLDEN: Yes, my lord. I should say, my lord, I am a solicitor, not counsel or anything. THE JUDGE: No, I understand that and I am giving you permission to address me. MR HOLDEN: Thank you, my lord. May I hand up a copy of my witness statement? THE JUDGE: Yes, has Mr Ghassemian seen it? MR HOLDEN: Yes, I handed him a copy this morning. THE JUDGE: I will just spend a moment reading this, if I may. [Brief pause]. Yes, thank you, Mr Holden. So, your application is presumably that the application against Tigris Industries Inc should be dismissed as an abuse of process? MR HOLDEN: Yes, my lord. THE JUDGE: Yes, and the Court of Appeal judgment that has been given which decided that the Claimant’s appeal against... that the Defendant’s case was an abuse of process, just explain to me how this ties in with the current application against your clients? MR HOLDEN: Yes, my lord. So, a final order for sale was made by Master Teverson. That order was appealed by Mrs Sartipy. We then appealed the result of that appeal before Norris J’s decision was appealed and our appeal was allowed last week. So, therefore, the final order for sale is now of good standing as is the final charging order. At no stage during the charging order proceedings, nor the order for sale proceedings, did Mr Langroody make any submissions or representations or attempts at that stage to raise any issue in relation to him being a regulated tenant. THE JUDGE: Right. MR HOLDEN: He has had multiple opportunities to do that. He did indicate when the matter was before Master Teverson that he had something to say but decided not to say it and indeed he has not said it in relation to any of the appeals which have been forthcoming. THE JUDGE: Yes, I see, so it is very similar to the issue I have dealt with in my judgment concerning his claim to be a regulated tenant. MR HOLDEN: Yes, my lord, it would be a collateral attack on the final orders of both, relating to the charging order and the order for sale. THE JUDGE: Yes, I understand. Thank you very much. So, Mr Ghassemian, would you like to say anything about this? This is now an application in respect of your case against Tigris Industries for me to dismiss it as an abuse of process on a very similar basis to that which I have dealt with in my main judgment. MR GHASSEMIAN: My lord, on 20th January 2013, the Master made an order for sale. On that day, as he rightly accepted, I indicated that I wished to be heard asof my ownright. The Master held over that hearing until a further hearing which I do not know exactly when it was but it will not be disputed that when he heard submissions on granting permission to appeal he subsequently did not grant permission to appeal and subsequently permission to appeal was granted by Mr Justice Norris who then went on to hear the main appeal itself and allowed it, the crucial point being this, at the hearing on 28th January the Master specifically stated that he would list the hearing for me to be heard as to my rights and if required I could get a transcript of that. However, what subsequently happened was this. The Claimants appeared before the Master after permission to appeal was granted, so this presumably would be sometime in the summer months of 2013, to vary the level of the charging order. I was present atthat hearing and I have the Master’s email here in my file where Master Teverson [inaudible] which is when the Claimant proceeded to go back before the Master and at that stage the Master granted the variation order at that hearing. It will have been in the summer months of 2013 when we appeared before Master Teverson, the Master stated jurisdiction to hear any matters were now outside of his hands and there would be a Judge of the High Court. So, therefore, there was no opportunity for me to address him. Those are very different circumstances than you have heard this morning and yesterday. Suffice it to say, the Master specifically allowed for me to be heard by him and I am looking to exercise that right. THE JUDGE: Thank you.[55]So, I am now going to give judgment in this separate case which is Tigris Industries and Hamila Ghassemian and Shahrooz Ghassemian Langroody. Mr Ghassemian made an application dated 25th February 2016 that he be made a party and whilst his application is pending a stay of any sale be made. I should add that it is in respect of the same property that I have dealt with in my main judgment concerning Chatsworth Court Freehold Company Limited and that his overriding interest as a regulated tenant over the property pursuant to his tenancy of 1st September 1987 be binding on the Claimant and any purchaser of the property. The facts are set out in a witness statement of Dominic Holden, who is an associate solicitor employed by Ashford LLP acting on behalf of the Claimant, Tigris Industries Limited.[56]In summary, on 28th January 2013, Master Teverson made a final order for sale of the relevant property. Mr Ghassemian, who in that litigation appears to be called Mr Langroody was present and indeed appeared to be running the litigation throughout the various hearings leading up to that final order. Although he intimated that he might have reason to object, he chose not to raise the question of any regulated tenancy which he now seeks to raise at that juncture. On 23rd February 2016, the Court of Appeal allowed the Claimant’s appeal against the judgment of Mr Justice Norris on the grounds that Mr Ghassemian’s case, or possibly his mother’s case, was an abuse of process. The current application, it is submitted, is similarly an abuse of process and should be dismissed on the same basis. He has not previously raised his regulated tenancy of the property. The document on which he has relied has not been referred to previously in the Tigris litigation. There is an order of the Court of Appeal and judgment of the Court of Appeal effectively upholding the final order for sale. This application again seems to me to be quite clearly an abuse of process and a collateral attack on the judgment of the court, which is final. Therefore, for those reasons, I dismiss it and hold that it is totally without merit. MR HOLDEN: I am obliged. MR GHASSEMIAN: My lord, on that point, I seek permission on that... I seek to refer your lordship to, in the previous case, my bundle at tab 19, the case of Broadway InvestmentsHackney Limitedv Grant[2006] EWCA Civ 1709[?] was advanced. Within that authority it established that the security of tenure may be taken tothe Court of Appeal if not taken in the court that we are in. I am therefore now within my rights to take up that point in the Court of Appeal and that is what I seek.[57]THE JUDGE: I am now dealing with an application for permission to appeal from the orders that I have just made in the Tigris Industries case. I refuse permission on the basis that that appeal has no reasonable prospect of success and there is no other compelling reason to grant permission. It is evident from the note of the judgment of the Court of Appeal that I received that the Court of Appeal regarded the last claim brought by Mr Ghassemian as an abuse of process and regretted the fact that the lower courts had allowed it to arrive at the Court of Appeal. In those circumstances, if permission to appeal is to be granted it must be by the Court of Appeal. MR HOLDEN: My lord, can I just make a few points on that judgment which is that the claim to Tigris Industries was brought by the mother, not by Mr Langroody. THE JUDGE: Yes, thank you but Mr Ghassemian participated, as I understand. MR HOLDEN: Yes, he did. THE JUDGE: When the judgment comes back for me to correct, I will correct that. MR HOLDEN: Also, there was a reference to Tigris Industries Limited in your judgment as opposed to Inc. THE JUDGE: Yes, these extemporary judgments are not as easy as you might think. MR HOLDEN: Master, the issues of costs, we have not produced a statement of costs given that we were to deal with this quite late yesterday. I have totted up the hours that I spent in court today and I spent about an hour preparing a witness statement this morning and an hour last night. I have also got my assistant here as well. THE JUDGE: Yes, am I entitled to make an order for costs without a schedule of costs? MR HOLDEN: I do not think you are, my lord, but what I propose to do is to get a schedule together and to file it and we can... THE JUDGE: What I am going to say is that I am going to make an order for costs. I am going to make an order for indemnity costs for the same reasons I did before and if there are issues on the amount of costs each side can send me written short submissions on it and then I will determine the amount. MR HOLDEN: I am obliged, my lord, and the last point I think is although Mr Langroody has been made a party to these proceedings by Mrs Justice Asplin, I am not certain about the affect now of your order in relation to the application, given that you have struck it out. Does that order now fall away or should we also be making provision for Mr Langroody to be joined for the purposes of costs? THE JUDGE: But he has already been joined as a party you say by Mrs Justice Asplin. MR HOLDEN: Yes. THE JUDGE: Then that is done. That is convenient for you because the order for costs is against the party, so it merely... in the minute of order if there is not one from Mrs Justice Asplin there should be a separate minute of order that you need to do in respect of what Mrs Justice Asplin― MR HOLDEN: There is an order. THE JUDGE: There is an order. He is then a party and the order is against him. MR HOLDEN: Yes. THE JUDGE: I think that deals with everything unless anybody wanted to say anything else? MR GHASSEMIAN: There is a technical point, my lord, that just occurred to me. Your lordship extended the civil restraint order. That does not include the Court of Appeal, does it? So, I would seek to apply to the Court of Appeal for permission. I do not need your lordship’s permission first to apply. THE JUDGE: I think that you are right. He does not, does he... no, no. MR ARMSTRONG: He does not and I have not ticked the box of the Court of Appeal. THE JUDGE: No, you do not, so you can do that without my permission. Good. MR ARMSTRONG: I hesitate, pushing my luck. There is just one other outstanding matter and that is in an application notice of 16th February as well as seeking the extended civil restraint order we did also seek an order in similar terms to that made by District Judge Silverman in the County Court, that is that Mr Ghassemian not be allowed to make any applications until he has paid the various costs orders which were listed in and attached to that application notice. THE JUDGE: I do not see why that is necessary, given I have... you can try and persuade me but I have made the extended civil restraint order. He has to come to me or to the other nominated judge to make any such applications and I do not see why trying to enforce a costs order in that way is appropriate in these circumstances. MR ARMSTRONG: I think in the light of the fact that your lordship is the nominated judge I will not press that application. THE JUDGE: Thank you. MR ARMSTRONG: I am grateful. So, I think that is now everything. THE JUDGE: Thank you very much. I will retain the papers for the reasons that I have said. MR ARMSTRONG: Thank you very much. [Hearing ends]