Broxton v McClelland and Another: CA 27 Nov 1996

The judge may disclose to the jury the purpose of a non-party’s involvement as a backer of a party if it is relevant to the case.
Simon Brown LJ said as to an allegation that the claim was an abuse of process: ‘The cases appear to suggest two distinct categories of such misuse of process:
(i) The achievement of a collateral advantage beyond the proper scope of the action – a classic instance was Grainger v Hill where the proceedings of which complaint was made had been designed quite improperly to secure for the claimants a ship’s register to which they had no legitimate claim whatever . .
(ii) The conduct of the proceedings themselves not so as to vindicate a right but rather in a manner designed to cause the defendant problems of expense, harassment, commercial prejudice or the like beyond those ordinarily encountered in the course of properly conducted litigation.
Only in the most clear and obvious case will it be appropriate upon preliminary application to strike out proceedings as an abuse of process so as to prevent a plaintiff from bringing an apparently proper cause of action to trial.’


Simon Brown LJ


Times 27-Nov-1996


England and Wales

Cited by:

CitedWallis v Valentine and Others CA 18-Jul-2002
The claimant in a defamation case appealed a decision to strike out his claim on the basis that it was an abuse of process, being intended to act as an harassment of the defendant, or to cause commercial embarrassment or undue cost.
Held: . .
CitedMakudi v Baron Triesman of Tottenham In London Borough of Haringey QBD 1-Feb-2013
The claimant, former chairman of the Thailand Football Association, claimed in defamation against the defendant who had been chairman of the English Football Association. The defendant asked the court to strike out the claim, saying that some of the . .
Lists of cited by and citing cases may be incomplete.


Updated: 28 April 2022; Ref: scu.78714