Somervell LJ set out the concept of abuse of process in civil cases on a plea of res judicata: ‘res judicata for this purpose is not confined to the issues which the court is actually asked to decide, but . . it covers issues or facts which are so clearly part of the subject-matter of the litigation and so clearly could have been raised that it would be an abuse of the process of the court to allow a new proceeding to be started in respect of them.’
Judges:
Somervell LJ
Citations:
[1947] 2 All ER 255
Jurisdiction:
England and Wales
Citing:
See Also – Greenhalgh v Mallard CA 1943
The court said of certain pre-emption provisions: ‘in the case of the restriction of transfer of shares I think it is right for the court to remember that a share, being personal property, is prima facie transferable, although the conditions of the . .
Cited by:
Cited – Henley v Bloom CA 9-Mar-2010
Different claims allowed re-litigation
The parties had had long standing disputes as landlord and tenant. They were at one point settled, but the tenant claimed again, and the landlord sought to strike out the claim as an abuse of process, saying the claimant had failed to comply with . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 07 October 2022; Ref: scu.402562
