Search Results for: "abuse of process"

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Regina v B (Extradition: Abuse of Process): CACD 17 Oct 2000

An allegation of abuse of process did not constitute a special category of extradition to allow a judicial review of a decision not to grant a stay of those extradition proceedings. Article 8 could not be used to restrict such decisions. In any event the issues relating to the way in which the applicant had … Continue reading Regina v B (Extradition: Abuse of Process): CACD 17 Oct 2000

Practice Direction (Crown Court: Abuse of Process): CACD 30 May 2000

Directions given for those seeking to challenge a prosecution in the crown court as an abuse of process. A notice in the specified form must be served at least fourteen days before the date fixed for the trial, and any other defendant wishing to support the application must apply within seven days thereafter. Automatic directions … Continue reading Practice Direction (Crown Court: Abuse of Process): CACD 30 May 2000

Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999

The Claimant complained to an industrial tribunal of unlawful racial discrimination. He had suffered a nervous breakdown and was certified as unfit for work due to stress. The employer had compromised all claims justiciable by the Employment tribunal. Held: The employment tribunal had similar powers to the county court when hearing cases alleging the tort … Continue reading Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999

Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

Gardner v Southwark London Borough Counci (No 1); King v East Cambridgeshire District Council etc: CA 18 Jan 1996

It was not an abuse of process, to restart a claim within the limitation period after an automatic striking out of an earlier action. Millett LJ referred to the ‘same dilatory progress’ all the parties to the action continued to make after the guillotine date. Sir Thomas Bingham MR said: ‘I would add only this … Continue reading Gardner v Southwark London Borough Counci (No 1); King v East Cambridgeshire District Council etc: CA 18 Jan 1996

Samuel v Samuel and Others: ChD 17 Dec 2018

By an application notice the First Defendant, Syleta Monica Susan Samuel, applies for an order that a probate claim brought by her sister, Merlina Jacqueline Samuel, be struck out as an abuse of process pursuant to CPR r 3.4(2)(b). Shortly stated, the basis for the application is that Merlina was a party to a probate … Continue reading Samuel v Samuel and Others: ChD 17 Dec 2018

Mohamed and Another v Secretary of State for The Home Department: CA 2 May 2014

The claimants were suspected of terrorism and subject to control orders and terrorism prevention and investigation measures. They brought proceedings for abuse of process relating to the manner in which they had been removed to the United Kingdom from Somaliland Held: They were entitled to see the Secretary of State’s objections to their case for … Continue reading Mohamed and Another v Secretary of State for The Home Department: CA 2 May 2014

Stancliffe Stone Company Ltd v Peak District National Park Authority: QBD 22 Jun 2004

The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision for the four sites, and that it was wrong to inlcude two properties separately. Held: … Continue reading Stancliffe Stone Company Ltd v Peak District National Park Authority: QBD 22 Jun 2004

Curr v London and Country Mortgages: QBD 25 Jun 2020

Application by the Defendant for summary judgment under CPR 24.2, or alternatively for the claim to be struck out as an abuse of process, and for an Extended Civil Restraint Order against the Claimant. Held: Summary judgment for the defendant but civil restraint order refused. Judges: Mrs Justice Andrews Citations: [2020] EWHC 1661 (QB) Links: … Continue reading Curr v London and Country Mortgages: QBD 25 Jun 2020

Mahon and Others v Mahon and Others: CA 23 May 1997

Appeal from striking out of defamation action as abuse of process. Citations: [1997] 3 All ER 687, [1997] EWCA Civ 1770, [1998] QB 424, [1997] 3 WLR 1230, [1997] EMLR 558 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Marks v Beyfus 1890 The plaintiff claimed damages for malicious prosecution. He called the Director … Continue reading Mahon and Others v Mahon and Others: CA 23 May 1997

C (A Minor) v Hackney London Borough Council: CA 10 Nov 1995

The mother had claimed in damages for the injuries to her health from the landlord authority’s failure to repair. Her child then brought a subsequent action in respect of his own injuries. The authority claimed the action should be stopped as res judicata. Held: The child’s injuries from bad housing were a separate claim from … Continue reading C (A Minor) v Hackney London Borough Council: CA 10 Nov 1995

Barrow v Bankside Members Agency Limited: CA 10 Nov 1995

Mr Barrow was a member of an action group which had successfully sued a number of members’ agents for negligent underwriting. Having substantially succeeded, but recovered only a proportion of the damages he had claimed, Mr Barrow issued fresh proceedings against his members’ agent on a different ground. It was clear that this claim, even … Continue reading Barrow v Bankside Members Agency Limited: CA 10 Nov 1995

Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses. Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all … Continue reading Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

Wild (T/A Mark Wild Haulage) and Another (Exise Duties -Application): FTTTx 8 Feb 2021

EXISE DUTIES-application to debar HMRC-whether HMRC has realistic prospect of success-application to strike out appellants’ cases–whether fair hearing possible-whether fair to have a hearing-whether abuse of process by HMRC-whether abuse of process in re-litigating facts by appellants Citations: [2021] UKFTT 34 (TC) Links: Bailii Jurisdiction: England and Wales Customs and Excise Updated: 07 December 2022; … Continue reading Wild (T/A Mark Wild Haulage) and Another (Exise Duties -Application): FTTTx 8 Feb 2021

Capper v Chaney and Another: ChD 8 Jul 2010

Police had seized substantial sums of cash from the first defendant acting under the 2004 Act. The claimant said that andpound;250,00 was his and sought its return. The Commissioner argued that the current proceedings were an abuse of process. Held: Forfeiture proceedings were now under way, and any release must await the result. The question … Continue reading Capper v Chaney and Another: ChD 8 Jul 2010

Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007

The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction. Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007

Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was not suggested that he had deliberately fled the prosecution. Held: The … Continue reading Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006

Owens Bank v Etoile Commerciale: 1995

The principles of abuse of process may apply even though the relevant earlier proceedings have taken place before a foreign court. Citations: [1995] 1 WLR 44 Jurisdiction: England and Wales Cited by: Cited – Motorola Credit Corporation v Uzan and others (No 2) CA 12-Jun-2003 World-wide freezing orders had been made under the 1982 Act. … Continue reading Owens Bank v Etoile Commerciale: 1995

Hertfordshire County Council v National Grid Gas Plc: Admn 2 Nov 2007

The council laid complaints against the defenedant that it had not properly re-instated road surfaces after completing works. It now appealed, by way of case stated, against the court’s acceptance of the defendant’s argument that the large number of individual complaints would lead to a risk of a substantially greater punishment than parliament had intended, … Continue reading Hertfordshire County Council v National Grid Gas Plc: Admn 2 Nov 2007

Anyanwu and Another v South Bank Students’ Union South Bank University: CA 19 Mar 1999

The applicants sought an extension of time to apply to set aside leave to appeal given to their opponents. Held: The cause of the respondent seemed weak, but raised a point of law which needed determination and the appeal should be allowed to go ahead. Judges: Peter Gibson LJ, Hale LJ Citations: [1999] EWCA Civ … Continue reading Anyanwu and Another v South Bank Students’ Union South Bank University: CA 19 Mar 1999

Regina v Caradon District Council Ex Parte Knott: QBD 3 Mar 2000

A planning authority had already issued both rectification and discontinuance notices, and there was now no dispute with the land owner about the need to dismantle existing buildings, it amounted to an abuse of process further to go and issue an enforcement notice which would have the sole purpose of depriving the land owner of … Continue reading Regina v Caradon District Council Ex Parte Knott: QBD 3 Mar 2000

Hauschildt, Regina (On the Application of) v Highbury Corner Magistrates’ Court: Admn 13 Dec 2007

The detainee sough a writ of habeas corpus. He had returned to England to surrender to bail against a representation that he would be bailed. After interview he had been remanded in custody. The officer said that he had known his representation was a false assurance. Held: By the deception, the officer had evaded the … Continue reading Hauschildt, Regina (On the Application of) v Highbury Corner Magistrates’ Court: Admn 13 Dec 2007

Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007

Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair. Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the … Continue reading Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007

Panamax Star Owners and or Bailees of The Cargo of The Ship) v Auk (Owners of The Ship): AdCt 18 Dec 2013

A strike out was sought alleging gross delay and an abuse of process. Held: The strike out was granted both as to the claim and counter claims.Hamblen J discussed first the issues surrounding delay: ‘In summary, the authorities provide the following guidance: (1) There are no hard and fast rules. The court has to make … Continue reading Panamax Star Owners and or Bailees of The Cargo of The Ship) v Auk (Owners of The Ship): AdCt 18 Dec 2013

United States of America v Cobb: 5 Apr 2001

Canlii (Supreme Court of Canada) Constitutional law — Charter of Rights — Fundamental justice – Remedies — Extradition — Whether considerations relating to fundamental justice engaged at committal stage of extradition process — Whether extradition judge ought to have waited for ministerial decision on surrender before granting stay — Canadian Charter of Rights and Freedoms, … Continue reading United States of America v Cobb: 5 Apr 2001

United States of America v Shulman: 5 Apr 2001

Canlii (Supreme Court of Canada) Constitutional law — Charter of Rights — Mobility rights — Right to remain in Canada – Extradition – Whether mobility rights engaged at committal stage of extradition process — Canadian Charter of Rights and Freedoms, s. 6(1). Constitutional law — Charter of Rights — Fundamental justice — Extradition — Whether … Continue reading United States of America v Shulman: 5 Apr 2001

GB Fleet Hire Ltd v Revenue and Customs (Procedure): UTTC 17 Nov 2022

Cancellation of VAT Registration In 2017 for Risk of Abuse – Cancellation Not Appealed – HMRC refusal of subsequent application in 2020 to register for VAT in relation to new supplies – appeal against refusal struck out by FTT as abuse of process – appeal allowed Citations: [2022] UKUT 307 (TCC) Links: Bailii Jurisdiction: England … Continue reading GB Fleet Hire Ltd v Revenue and Customs (Procedure): UTTC 17 Nov 2022

McBride v The Body Shop International Plc: QBD 10 Jul 2007

The claimant sought damages for libel in an internal email written by her manager, accusing her of being a compulsive liar. The email had not been disclosed save in Employment Tribunal proceedings, and the claimant sought permission to use the email and to extend the limitation period saying it had been withheld. Held: There had … Continue reading McBride v The Body Shop International Plc: QBD 10 Jul 2007

Tilly v Hamleys of London Ltd, Essex County Council: CA 13 Nov 1998

The claimant had brought an action against the shop. She had been stopped on leaving when a library book caused the anti-theft alarm to go off. She and felt humiliated by the public way she was dealt with. Her claim in negligence had been dismissed, and she re-issued claiming false imprisonment. Held: The second action … Continue reading Tilly v Hamleys of London Ltd, Essex County Council: CA 13 Nov 1998

Abbasi (Rule 43; Para 322, : Accountants’ Evidence) Pakistan: UTIAC 8 Jan 2020

(1) The Upper Tribunal can apply rule 43 of the Tribunal Procedure (Upper Tribunal) Rules 2008 of its own motion. (2) The use of fraud before the Upper Tribunal constitutes an abuse of process such as to amount to a ‘procedural irregularity’ for the purposes of rule 43(2)(d). (3) In a case involving a decision … Continue reading Abbasi (Rule 43; Para 322, : Accountants’ Evidence) Pakistan: UTIAC 8 Jan 2020

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

Berkeley Square Holdings and Others v Lancer Property Asset Management Ltd and Others: ChD 1 May 2020

Application by the Claimants to strike out parts of the Defence as an abuse of process and an application by the Defendants to amend their Defence. However, both applications turn on the question whether certain facts on which the Defendants seek to rely are excluded as privileged under the Without Prejudice (‘WP’) rule, or admissible … Continue reading Berkeley Square Holdings and Others v Lancer Property Asset Management Ltd and Others: ChD 1 May 2020

Zumax Nigeria Ltd v First City Monument Bank Plc: ChD 17 Nov 2022

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 … Continue reading Zumax Nigeria Ltd v First City Monument Bank Plc: ChD 17 Nov 2022

Manson v Vooght and Others: CA 3 Nov 1998

The claimant was the former managing director of a company, which had been placed into administrative receivership. The claims were for breach of contract and conversion (in relation to antique furniture) and they were brought against the administrative receivers in their personal capacity. Held: A second set of proceedings to cover matters which could have … Continue reading Manson v Vooght and Others: CA 3 Nov 1998

Mayor and Burgesses of London Borough of Barking and Dagenham v Saint: CA 21 Aug 1998

The council requested a warrant for possession be issued on the basis of certified arrears of pounds 333 when they were in breach of their statutory duty to assist the tenant in his claim for housing benefit and save for pounds 28, were relying on the product of their own wrongdoing. There were further irregularities … Continue reading Mayor and Burgesses of London Borough of Barking and Dagenham v Saint: CA 21 Aug 1998

Morris v Wentworth-Stanley: CA 4 Sep 1998

Two actions had been brought by a contractor against the partners in a farming partnership. Those actions were consolidated. One of the partners died and when the plaintiff found that out he discontinued his claims against the deceased partner and Mrs Wentworth-Stanley, the wife of that deceased partner, and proceeded solely against the third partner, … Continue reading Morris v Wentworth-Stanley: CA 4 Sep 1998

C4C Investments Limited v Revenue and Customs (Procedure – Application By The Appellant To Clarify and Amend Its Grounds of Appeal): FTTTx 11 Oct 2022

PROCEDURE – Application by the Appellant to clarify and amend its grounds of appeal – whether amendments should be allowed – whether proposed amendments constitute an abuse of process – application refused Citations: [2022] UKFTT 367 (TC) Links: Bailii Jurisdiction: England and Wales Taxes Management Updated: 25 November 2022; Ref: scu.682689

Regina v Klisiak; Regina v Ramsgate Justices, ex parte Warren: 1981

Citations: [1981] CLY 549 Jurisdiction: England and Wales Cited by: Cited – Regina v Telford Justices, ex parte Badhan CACD 1991 The defendant was accused of a sexual offence alleged to have been committed some 15 years earlier. He asked the magistrates to dismiss the charge as an abuse of process, and now appealed their … Continue reading Regina v Klisiak; Regina v Ramsgate Justices, ex parte Warren: 1981

SAS Institute Inc v World Programming Ltd: ComC 13 Dec 2018

SAS sought to enforce its North Carolina judgment which was contrary to decisions already made by the UK and European Courts. Held: Cockerill J held that the terms of the contract which purported to prohibit WPL’s conduct constituted a fundamental building block for the fraud claim and that without it that claim – as it … Continue reading SAS Institute Inc v World Programming Ltd: ComC 13 Dec 2018

F, Regina v: CACD 29 Jul 2009

Application for leave to appeal – rejection of claim that some charges were an abuse of process. Judges: Lord Justice Pill Citations: [2009] EWCA Crim 1639 Links: Bailii Statutes: Financial Services and Markets Act 2000 Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.415064

Molins Plc v G D Spa: ChD 24 Feb 2000

In a dispute between an Italian company and British one, each sought to have the case heard in its own country. The British company asserted that the case begun in Italy had been begun after at best misrepresentation by the other company, and sought an injunction preventing its being heard in Italy. The UK court … Continue reading Molins Plc v G D Spa: ChD 24 Feb 2000

Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001

The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001

Binfield v Revenue and Customs (VAT – Preliminary Hearing On Whether Llp Opted To Tax – Yes): FTTTx 6 Oct 2022

VALUE ADDED TAX- preliminary hearing on whether LLP opted to tax – yes – and whether sale constituted a transfer of a going concern – no – accompanied by applications to strike out the appeal on the grounds of (1) lack of standing and no appealable decision – application refused- (2) an abuse of process … Continue reading Binfield v Revenue and Customs (VAT – Preliminary Hearing On Whether Llp Opted To Tax – Yes): FTTTx 6 Oct 2022

Regina on the Application of Rowley v Director of Public Prosecutions: QBD 4 Apr 2003

The applicant sought to challenge a decision not to prosecute a third party following the death of her son. He had been in care, having multiple disabilities, including epilepsy. He drowned whilst in a bath. It had been recognised that he needed constant supervision. She alleged gross negligence. Held: There was no single mind in … Continue reading Regina on the Application of Rowley v Director of Public Prosecutions: QBD 4 Apr 2003

OMV Petrom Sa v Glencore International Ag: CA 27 Mar 2017

This appeal raises a straightforward but important point concerning the interest that the court may award when a claimant’s CPR Part 36 offer is rejected, but the claimant achieves a greater award at trial.Sir Geoffrey Vos C said: ‘The parties are obliged to make reasonable efforts to settle, and to respond properly to Part 36 … Continue reading OMV Petrom Sa v Glencore International Ag: CA 27 Mar 2017

McPhilemy v Times Newspapers Ltd; Liam Clarke and and Andrew Neil (No 3): CA 12 Jun 2001

In defamation proceedings the defendant had invited one issue to be left to the jury. After losing the case, the defendant sought to appeal, arguing that the jury’s verdict was perverse. It was held that such an appeal amounted to an abuse of process, and if allowed, would bring the administration of justice into disrepute. … Continue reading McPhilemy v Times Newspapers Ltd; Liam Clarke and and Andrew Neil (No 3): CA 12 Jun 2001

Kingdon, Stead and Kingdon v Revenue and Customs: FTTTx 7 Nov 2022

Income Tax – Appellants Trading As A Partnership and Through A Company – Date of Transfer of Business – April 2005 or August 2005 – involvement of Lunn and Co – lengthy delays – abuse of process – paucity of evidence – discovery amendments – validity – penalties – appeals allowed Citations: [2022] UKFTT 407 … Continue reading Kingdon, Stead and Kingdon v Revenue and Customs: FTTTx 7 Nov 2022

Bennett v The Governor and Company of the Bank of Scotland: CA 23 Jul 2004

The bank had obtained judgment against the defendant, but had failed to act upon it, and the judgment became unenforceable. It then began later proceedings on the original debt (still within the applicable limitation period). The defendant said this was an abuse of process. Held: The decision in Ridgeway after close of oral argument on … Continue reading Bennett v The Governor and Company of the Bank of Scotland: CA 23 Jul 2004

Hamaiziam and Another v The Commissioner of Police for The Metropolis: QBD 17 Apr 2013

Two serving prisoners asserted defamation by the respondent in a publication suggesting that they were associated with a murder. Judges: Tugendhat J Citations: [2013] EWHC 848 (QB) Links: Bailii Citing: Cited – Cammish v Hughes CA 12-Dec-2012 Arden LJ summarised the law as regard abuse of process claims in defamation cases, saying that while the … Continue reading Hamaiziam and Another v The Commissioner of Police for The Metropolis: QBD 17 Apr 2013

Barons Pub Company Ltd, Regina (on The Application of) v Staines Magistrates’ Court: Admn 18 Apr 2013

The company sought judicial review of a refusal to dismiss charges against them under the 2006 Regulations as an abuse of process. Held: Magistrates have no power of review of a prosecutorial decision other than through an abuse of process application. In this case the Council had followed their own procedures in moving from their … Continue reading Barons Pub Company Ltd, Regina (on The Application of) v Staines Magistrates’ Court: Admn 18 Apr 2013

Gizzonio and Another v Chief Constable of Derbyshire: CA 26 Mar 1998

A decision by a police station custody sergeant whether or not to grant bail to a suspect after charge, and on what terms, has immunity from action so long as it forms part of the process of prosecution. No abuse of process or malicious prosecution action or misfeasance in public office could be maintained against … Continue reading Gizzonio and Another v Chief Constable of Derbyshire: CA 26 Mar 1998

Harris v The Director of Border Revenue: FTTTx 19 Feb 2013

FTTTx EXCISE DUTY – restoration – whether decision not to restore reasonable having regard in particular to evidence of travel patterns of which was not before the officer making the decision.Hellier TJ explained the limited role of the tribunal in such applications: We must explain at the outset that the role of this tribunal in … Continue reading Harris v The Director of Border Revenue: FTTTx 19 Feb 2013

Caborn-Waterfield v Gold and Others: QBD 11 Mar 2013

The defendants requested a preliminary ruling that the words complained of in the claimant’s action were not capable of bearing a defamatory meaning. Held: Some of the pleaded meanings were not supported, but others were clearly defamatory, and should not be struck out. Nor could it properly be said that there had been no substantial … Continue reading Caborn-Waterfield v Gold and Others: QBD 11 Mar 2013

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited: CA 26 Feb 1998

The parties disputed whether a contract had been entered into for the sale of land, and whether new evidence could be entered on an appeal against a strike out. The estate agents had signed a contract as agents for the mortgagee in possession, but the mortgagee said that they has acted outside their agency. Eventually … Continue reading Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited: CA 26 Feb 1998

Gilham v Browning and Another: CA 3 Feb 1998

The Court had been right to disallow a discontinuance where there appeared to be an abuse of process. The common law right to non-suit has disappeared. Judges: Lord Woolf MR, Potter, May LJJ Citations: Times 26-Feb-1998, [1998] EWCA Civ 139, [1998] 1 WLR 682, [1998] 2 All ER 68 Links: Bailii Statutes: County Court Rules … Continue reading Gilham v Browning and Another: CA 3 Feb 1998

Society of Lloyd’s v Fraser (No. 1): CA 1998

Affirmed Citations: [1998] CLC 1630, [1999] Lloyd’s Rep IR 156 Jurisdiction: England and Wales Citing: Appeal from – Society of Lloyd’s v Fraser (No 1) ComC 3-Dec-1997 Lloyd’s litigation: abuse of process for names to raise fraud defence to claim for Equitas premium which could have been raised in earlier test cases. . . Cited … Continue reading Society of Lloyd’s v Fraser (No. 1): CA 1998

Miles v Mcgregor: CA 23 Jan 1998

Increase in findings of inordinate delay accompanied increased reluctance to strike out in absence of established prejudice to other party: ‘The abuse of process route is for cases … when the conduct amounts to an affront to the court and its Rules’ Judges: Auld LJ Citations: Gazette 26-Feb-1998, [1998] EWCA Civ 58 Jurisdiction: England and … Continue reading Miles v Mcgregor: CA 23 Jan 1998

Council for Licensed Conveyancers v Mooney and Another; Mooney v Council for Licensed Conveyancers and Viney: CA 18 Dec 1997

The respondent’s practice had suffered intervention by the Council. He complained that they had not followed the required procedure. Held: The notices were lawful. The issues were ones of public law, and the respondent was required to frame his claim by way of judicial review, and to use an ordinary action would be an abuse … Continue reading Council for Licensed Conveyancers v Mooney and Another; Mooney v Council for Licensed Conveyancers and Viney: CA 18 Dec 1997

Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton: CA 16 Dec 1997

The issue was the appropriateness of a Court striking an action out where there has been considerable delay if: (i) the cause of action relied upon by the plaintiff in the proceedings would be statute barred if the action were to be struck out, but (ii) the plaintiff has another cause of action upon which … Continue reading Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton: CA 16 Dec 1997

Choraria v Sethia: CA 15 Jan 1998

Inordinate and inexcusable delay flouting court rules could itself constitute abuse of process irrespective of the absence of prejudice. A ‘complete, total or wholesale disregard, put it how you will, of the Rules of Court … is capable of amounting to … an abuse’ Judges: Nourse LJ Citations: Times 29-Jan-1998, Gazette 18-Feb-1998, [1998] EWCA Civ … Continue reading Choraria v Sethia: CA 15 Jan 1998

Fox and Others v Bassetlaw District Council: EAT 16 Jan 2013

EAT Practice and Procedure : Striking-Out or Dismissal – Equal pay claim withdrawn, to be replaced by a fresh equal pay claim. Whether first claim ought to be dismissed under rule 25(4) and second claim an abuse of process. ET answered both questions in the affirmative. Appeal dismissed. Verdin and Johnson v Gore Wood followed … Continue reading Fox and Others v Bassetlaw District Council: EAT 16 Jan 2013

Staffordshire County Council v Challinor and Another: CA 17 Aug 2007

Judges: Rix LJ, Keene LJ, Hughes LJ Citations: [2007] EWCA Civ 864 Links: Bailii Statutes: Town and Country Planning Act 1990 285(1) Jurisdiction: England and Wales Citing: See Also – Staffordshire County Council v Challinor TCC 23-Feb-2007 Request for injunction to restrain breach of enforcement notice. . . See Also – Challinor v Regina CACD … Continue reading Staffordshire County Council v Challinor and Another: CA 17 Aug 2007

Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012

The Alexander T, owned by the appellant and insured by the respondents was a total loss. The insurers resisted payment, the appellant came to allege improperly, and the parties had settled the claim on full payment under a Tomlin Order. The owners later began proceedings in Greece claiming what the defendants said were the same … Continue reading Starlight Shipping Co v Allianz Marine and Aviation Versicherungs Ag and Others: CA 20 Dec 2012

Mercia Investment Properties Ltd v Northway: UTLC 20 Nov 2012

UTLC LANDLORD AND TENANT – costs – breach of covenant – LVT determining breach of covenant remedied – costs awarded against landlord – no limit specified – finding that proceedings not vexatious or abuse of process – appeal allowed – Commonhold and Leasehold Reform Act 2002 Sch 12 para 10 Citations: [2012] UKUT 419 (LC) … Continue reading Mercia Investment Properties Ltd v Northway: UTLC 20 Nov 2012

Regina v Pan; Regina v Sawyer: 29 Jun 2001

Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Fundamental justice – Whether common law rule of jury secrecy and Criminal Code prohibition on disclosure of information about ‘proceedings of the jury’ consistent with principles of fundamental justice – Canadian Charter of Rights and Freedoms, s. 7 – Criminal Code, R.S.C. 1985, … Continue reading Regina v Pan; Regina v Sawyer: 29 Jun 2001

Mehta v Royal Bank of Scotland Plc: CA 17 Oct 1997

Application for leave to appeal against order striking out claim as abuse of process. Citations: [1997] EWCA Civ 2520 Jurisdiction: England and Wales Cited by: See Also – Mehta v Royal Bank of Scotland Plc and others QBD 25-Jan-1999 When deciding whether an occupation of a property was by virtue of a tenancy or a … Continue reading Mehta v Royal Bank of Scotland Plc: CA 17 Oct 1997

Taylor and Taylor v Ribby Hall Leisure Limited and North West Leisure Holdings Limited: CA 6 Aug 1997

In supervisory proceedings against lawyers, claims of abuse of process are to be pursued at the substantive hearing and not by way of pre-emptive applications. Delay in bringing an application to enforce a solicitor’s undertaking can be relevant to the exercise of the discretion to enforce it summarily. Judges: Lord Woolf MR, Hutchison LJ, Mummery … Continue reading Taylor and Taylor v Ribby Hall Leisure Limited and North West Leisure Holdings Limited: CA 6 Aug 1997

Cato v Murphy and Murphy ( Practice and Procedure): LRA 11 Oct 2011

LRA Respondents’ application to strike out the Applicant for abuse of process and/or under Rule 32A – application for determined boundary – same boundary in dispute in earlier County Court proceedings – earlier proceedings struck out for breach of Court orders – determined boundary application struck out as an abuse of process – in the … Continue reading Cato v Murphy and Murphy ( Practice and Procedure): LRA 11 Oct 2011

Allen v Sir Alfred McAlpine and Sons Ltd: CA 1968

The court described the peculiarly difficult position of a solicitor sued for the negligence of losing litigation for his client by reason of having his client’s claim struck out: ‘It is true that if the action for professional negligence were fought, the court which tried it would have to assess what those chances were. But … Continue reading Allen v Sir Alfred McAlpine and Sons Ltd: CA 1968

Mayor and Burgesses of London Borough of Camden v Akanni: CA 31 Jan 1997

The context in which the court is willing in a rare, but appropriate, case to intervene to nullify the execution of a warrant for possession goes back to the principles set out in McHenry v Lewis. Judges: Brooke LJ Citations: [1997] 29 HLR 845, [1997] EWCA Civ 901 Links: Bailii Jurisdiction: England and Wales Citing: … Continue reading Mayor and Burgesses of London Borough of Camden v Akanni: CA 31 Jan 1997

Granada Rental and Retail Ltd and Others v The Pensions Regulator: UTTC 15 Apr 2014

UTTC PENSIONS REGULATOR – Financial support direction – procedure – whether Targets should be barred from pursuing parts of their pleaded cases on grounds that previous case management decision had created an issue estoppel – no – whether to allow issue to continue to be pleaded would be an abuse of process – no – … Continue reading Granada Rental and Retail Ltd and Others v The Pensions Regulator: UTTC 15 Apr 2014

Gaydamak v Leviev: ChD 15 Apr 2014

Application by the first defendant to strike out the claim against him on the basis that the claims were barred by cause of action estoppel or abuse of process. Judges: Mann J Citations: [2014] EWHC 1167 (Ch) Links: Bailii Jurisdiction: England and Wales Estoppel Updated: 04 November 2022; Ref: scu.523775

Berry v Post Office Investigation Department: CA 11 Nov 1996

The claimant’s property was raided twice, and stamps removed. The first search led to charges which were dropped. He sought the return of all the property removed. In later proceedings it was said that a new claim was being made which was res judicata. Held: The appeal was dismissed. There was no proper reason why … Continue reading Berry v Post Office Investigation Department: CA 11 Nov 1996

CF Booth Limited v Revenue and Customs: UTTC 9 Aug 2022

Value Added Tax – appeal against penalties under Schedule 24 FA 2007 for deliberate inaccuracy in returns – application by HMRC to strike out parts of appeal for abuse of process – 2017 FTT decision that Appellant knew that its transactions connected to fraudulent evasion – 2020 FTT decision striking-out parts of the penalty appeal … Continue reading CF Booth Limited v Revenue and Customs: UTTC 9 Aug 2022

DS, Regina v: CACD 28 Feb 2020

Challenge to termination of prosecution for abuse of process – defendant trafficking victim. Held: The prosecutor’s appeal succeeded. Judges: Lord Burnett of Maldon CJ, Edis, Johnson JJ Citations: [2020] EWCA Crim 285, [2020] WLR(D) 123 Links: Bailii, WLRD Statutes: Modern Slavery Act 2015 45 Jurisdiction: England and Wales Crime Updated: 01 November 2022; Ref: scu.649107

Sadeer, Regina v: CACD 8 Nov 2018

Judges: Bean LJ Citations: [2018] EWCA Crim 3000 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Hamilton and Others v Post Office Ltd CACD 15-Jan-2021 Good Reason to Pursue Second Appeal The appellants had been convicted of fraud against the Post Office. The Criminal Cases Review Commission referred their convictions on two grounds, … Continue reading Sadeer, Regina v: CACD 8 Nov 2018

Herbert George Snell and others v Robert Young and Co Limited and others: CA 21 Nov 2002

The claimants had sought damages for poisoning from organophosphates used in sheep dipping. Evidence linking the injuries to the use of the chemicals had not been found, and the actions struck out as an abuse of process. The group litigation had been struck out but it was not agreed what had happened to the individual … Continue reading Herbert George Snell and others v Robert Young and Co Limited and others: CA 21 Nov 2002

Special Effects Ltd v L’Oreal Sa and Another: CA 12 Jan 2007

The defendants had opposed the grant of the trade mark which they were now accused of infringing. The claimants said that having failed at the opposition stage, they were now estopped from challenging the validity of the mark. Held: It was not an abuse of process for L’Oreal to raise by way of defence or … Continue reading Special Effects Ltd v L’Oreal Sa and Another: CA 12 Jan 2007

Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages. Held: The contention was … Continue reading Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997

A civilian who was subject to military law whilst abroad was properly tried by a court-martial for a murder committed whilst abroad. The accused was the son of a serving soldier, and living with him, and subject to martial law. There was no inherent abuse of process, and the procedure had been explicitly adopted by … Continue reading Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997

Reville v Wright: CA 18 Jan 1996

Re-instatement of an action after an automatic strike out could be proper if due diligence and a reasonable excuse could be shown. ‘The principles which emerge from those three decisions can be stated in summary form: (a) there are two threshold tests: see Rastin; Hoskins; (b) in relation to both these tests the onus of … Continue reading Reville v Wright: CA 18 Jan 1996

Regina v Beckford: CACD 27 Jan 1995

Procedures are needed so that cars which have been involved in major accidents or crashes and criminal proceedings are envisaged should only be destroyed with consent. Neil LJ considered the law of abuse of process saying that: ‘the constitutional principle which underlies the jurisdiction to stay proceedings is that the courts have the power and … Continue reading Regina v Beckford: CACD 27 Jan 1995

John v MGN Ltd: CA 12 Dec 1995

Defamation – Large Damages Awards MGN appealed as to the level of damages awarded against it namely pounds 350,000 damages, comprising pounds 75,000 compensatory damages and pounds 275,000 exemplary damages. The newspaper contended that as a matter of principle there is no scope in law for awarding exemplary damages, either generally or in the particular … Continue reading John v MGN Ltd: CA 12 Dec 1995

Ashworth v McKay Foods Ltd: CA 16 Nov 1995

Where automatic directions had not been followed, a later hearing application was not an not abuse of process. Citations: Times 16-Nov-1995, [1996] 1 WLR 542 Statutes: County Court Rules 1981 Order 7 Jurisdiction: England and Wales Cited by: Cited – Hawkins v Keppe Shaw, Solicitors (a Firm) CA 20-Jul-2001 The solicitors represented the applicant in … Continue reading Ashworth v McKay Foods Ltd: CA 16 Nov 1995

Fulham Football Club Ltd v Cabra Estates plc: CA 1994

Fulham, as lessees of Craven Cottage, agreed with CABRA, a developer, who had applied for planning permission to redevelop the ground, shortly before a public inquiry which had been set up to consider the planning application; and also a proposal by the local authority (which Fulham FC had supported) for the making of a compulsory … Continue reading Fulham Football Club Ltd v Cabra Estates plc: CA 1994