The plaintiff was life tenant of a cottage adjoining the highway. Over a period of time, scrapings from the road had accumulated to form a bank which suited the plaintiff. The defendant, wanting to repair the roadway, removed the bank, and the plaintiff sued.
Held: The plaintiff’s claim had no prospect of success, and was to be struck out as an abuse of process. The authority had acted within its rights and no actionable damage had arisen.
(1916) 115 LT 678, (1916) LJ Ch 89, (1916) 80 JP 437, (1916) 14 LGR 1109
Cited by:
Cited – Fairclough Homes Ltd v Summers SC 27-Jun-2012
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against . .
Lists of cited by and citing cases may be incomplete.
Land, Litigation Practice
Updated: 16 December 2021; Ref: scu.463535
