In the long running litigation, Prescot Management Company Ltd and Another (“PMCL”) v Zahid Khan, Matt was required to attend Clerkenwell and Shoreditch County Court on 23.10.26 for the court to determine two applications made by Mr Khan.
Both applications related to Mr Khan seeking that PMCL gave £150,000.00 in security for what Mr Khan alleged would be his costs and £100,000.00 to be paid into court in fortifying an undertaking given by PMCL when it obtained an interim injunction against Mr Khan restraining his harassing behaviour. Mr Khan stated sought protection for his alleged costs in conducting the litigation and, also, in resisting PMCL’s application against Mr Khan for an Extended Civil Restraint Order (“ECRO”) that was due to be heard on 26.10.26 before Mr Justice Twigger in the High Court.
After addressing the judge, Matt managed to have both applications dismissed and an order that Mr Khan paid PMCL’s costs.
Mr Khan then attended the ECRO and, after being unsuccessful in having the hearing adjourned, was made the subject of an ECRO which, for a period of two years, prevents Mr Khan from issuing any claim or application that relates to the flat in which he is an occupier (having already been found by the court to have no beneficial interest in the same) in either the county court, High Court of the First Tier Tribunal (Property Chamber) without first obtaining the permission of a nominated judge. If such permission is not obtained then the claim and/or application is automatically dismissed without the court, or Matt’s client, from having to undertake any further action.
Twigger J was satisfied that Mr Khan had persistently issued claims and applications that were ‘totally without merit’, that Mr Khan posed a substantial threat of continuing to do the same unless restrained and that the order sought was proportionate.
Matt said the following:
An ECRO is an extraordinary order to seek, it is very rare for a person’s misconduct in abusing the court’s processes to be so severe that such an order is needed but, without question, the right outcome was achieved here. This order will put a further buffer between my client and Mr Khan’s oppressive campaign of ‘lawfare’. I want to give my thanks to Duncan Kynoch of Selborne Chambers, it has been a long and, at times, seemingly never-ending journey to get where we now are. I couldn’t of done it without him.
Matt is recommended in the Legal 500 for dealing with harassment claims that have a property element and has extensive experience of seeking such relief on behalf of companies.
If you are facing a property dispute involving harassment or persistent litigation, please contact Matt Champ in our Property Litigation team to discuss how he can assist.
