(Gibraltar) The test for applying an abuse of process argument is an exacting one.
Judges:
Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood, Lord Mance, Sir Henry Brooke, Sir Robin Auld
Citations:
[2009] UKPC 34
Links:
Jurisdiction:
Commonwealth
Cited by:
Cited – OMV Petrom Sa v Glencore International Ag ComC 7-Feb-2014
The claimant sought to have struck out as abuse of process parts of the defence, saying that the factual issues raised had already been resolved in arbitration proceedings, but as against a different oarty. The defendant replied that the arbitration . .
Cited – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 05 August 2022; Ref: scu.377794
