Tag: abuse of process
Showing 12 out of 12 results
Court of Appeal clarifies when a claim may be an abuse of process due to a failure to raise it with the court in earlier proceedings
Part 36 offer to settle "the whole of the claim" did not include claims set out in draft amended pleadings
Court of Appeal overturns decision striking out class action arising from 2015 collapse of Fundão Dam in Brazil
The Court of Appeal has held that claims brought in the English court by over 200,000 claimants arising out of the 2015 collapse of the Fundão Dam …
Court of Appeal upholds strike-out of malicious falsehood claim as an abuse of process and because it disclosed no reasonably arguable claim for pecuniary loss
The Court of Appeal has upheld a decision to strike out a malicious falsehood claim on the grounds that the proceedings were abusive and disclosed no …
Court of Appeal confirms “warehousing” a claim will not necessarily constitute an abuse of process
The Court of Appeal has upheld a High Court decision that a claimant’s unilateral decision not to pursue a claim it had commenced for a substantial …
Court of Appeal confirms second claim an abuse of process after first claim struck out for non-payment of security for costs
In a recent judgment, the Court of Appeal upheld a decision to strike out a claim as an abuse of the court's process, where the claim repeated an earlier …
Supreme Court clarifies test for setting aside judgment for fraud
Second action allowed to proceed where earlier action struck out for breach of unless order
In a recent decision, the High Court has considered the proper approach to be taken in a second action where a previous action bringing the same claim …
Court of Appeal clarifies test for setting aside judgment for fraud
The Court of Appeal has clarified the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud: Takhar v …
Court of Appeal decision underlines need for caution in settling with one or more (but not all) potential defendants
The Court of Appeal has upheld a decision striking out a misrepresentation claim on the basis that (i) the cause of action against the present defendants …
Power to strike out exaggerated claim will rarely be exercised
The Supreme Court has ruled that the court has power to strike out a dishonestly exaggerated claim as an abuse of process at any stage of the …
Abuse of the court process for issuing a Claim Form
A recent decision of the High Court has clarified the circumstances in which the issue of a Claim Form will constitute an abuse of the court process: …