Proceedings claiming damages for the prescription of benzodiazepine were set aside where the possible benefit to the Plaintiffs, even if they succeeded, was vastly outweighed by the costs to the Defendant of defending the action. The court may use a cost benefit analysis to decide on striking out claims. ‘The court is concerned to see that its proceedings are not used in any way that is oppressive and vexatious to the other party or which involves serious injustice to him. If the court is satisfied that the proceedings do have that effect, it has power to strike out on the grounds that they are vexatious and an abuse of process.’
Judges:
Stuart-Smith LJ
Citations:
Gazette 16-Feb-1994, Independent 15-Dec-1993, Gazette 26-Jan-1994, Times 01-Dec-1993, [1994] 5 Med LR 149
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Costs
Updated: 08 April 2022; Ref: scu.77572