Where a claimant had no prospect whatsoever of succeeding with its claim, the action would be struck out.First ('D1') and third ('D3') defendants' application to strike out the claimant's ('C') claim on the ground that it was bound to fail. C obtained a mortgage from D1 who subsequently commenced possession proceedings. C purported to pay off the mortgage in full. C then commenced proceedings seeking inter alia an account of what was due under the mortgage and alleging fraud and dishonesty.HELD: While there had been a series of mistakes by the defendants, the court was satisfied that such did not give rise to any cause of action. There was evidence that certain sums paid by C had been credited to her mortgage account. Allegations of fraud and collusion were not supported by the evidence. C had no prospect whatsoever of succeeding with her claim.Claim dismissed.

[2003] EWHC 3205 (Ch)