Whether or not, on the application of the defendant, the current proceedings should be struck out as an abuse of process. This arises in circumstances where an earlier set of proceedings, commenced in 2013 and between the same parties (the ‘2013 Claim’), has been struck out for failure to comply with an ‘unless’ order. The ‘unless’ order required the claimant (‘Zumax’), among other things, to repay a sum of money of over pounds 3.5 million. The vast majority of this sum was equal to a sum that Zumax had received from the defendant (the ‘Bank’) in satisfaction of an order for summary judgment. The summary judgment had subsequently been set-aside, on appeal, by the Court of Appeal. That court also ordered the repayment of the sum paid by the Bank to Zumax under the judgment.
Judges:
HH Judge Davis-White KC
Citations:
[2022] EWHC 2885 (Ch)
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 26 November 2022; Ref: scu.683212