The several claimants had invested in a technology based investment scheme, which they now said was fraudulent. The defendants said that the original, large number of claimants had been reduced, but the lawyers acting for the claimants had issued proceedings without the authority all claimants, and that therefore the claim was an abuse of process and should be struck out.
Held: Such an action need not always be abuse of process since a named party would remain able to adopt the proceedimgs.
Judges:
Arden, Toulson, Black LJJ
Citations:
[2012] 3 All ER 247, [2012] EWCA Civ 544, [2012] WLR(D) 125, [2012] CP Rep 31, [2012] 1 WLR 3211
Links:
Jurisdiction:
England and Wales
Citing:
Applied – Presentaciones Musicales Sa v Secunda and Another CA 29-Nov-1993
A writ was issued within the limitation period applicable to the cause of action. However, the authority of the nominal plaintiff was not obtained within the limitation period.
Held: The adoption by a plaintiff of proceedings issued without . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Litigation Practice
Updated: 23 October 2022; Ref: scu.452998