Tag Archives: Abuse of process

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 Gracefield Developments Ltd and others [2017] EWCA Civ 147. The … Continue reading

Leave a Comment

Filed under Fraud, Judgments/Orders

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 had been released as a result of a previous settlement with others who were … Continue reading

Leave a Comment

Filed under Settlement

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 proceedings, even where it has already determined that the claimant is in principle entitled to damages in … Continue reading

Leave a Comment

Filed under Judgments/Orders

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: Nomura International plc v Granada Group Limited and others [2007] EWHC 642 (Comm). … Continue reading

Leave a Comment

Filed under Statements of case