Tag Archives: Abuse of process

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 has been struck out for failure to comply with an unless order: Davies … Continue reading

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Filed under Interim applications, Judgments/Orders

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

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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

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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

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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

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Filed under Statements of case