Chadwick LJ said: ‘proceedings ought not to be struck out unless an unequivocal affirmative answer can be given to the question: is there a substantial risk that a fair trial is impossible?’
Judges:
Chadwick LJ
Citations:
[2002] EWCA Civ 1680
Jurisdiction:
England and Wales
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: 11 May 2022; Ref: scu.402563