The parties had divorced. The wife alleged a serious assault against her husband, and instructed a claims firm to recover damages from him. Her ancillary relief claim in the divorce was compromised with her having sought to rely upon the assault, but without mentioning having instructed the claims firm. The husband resisted these proceedings for damages in tort as an abuse of process.
Held: The wife could not pursue her claim: ‘the wife in this case had the plainest obligation to reveal to her solicitors the intention to advance her claim in tort as an independent adjunct to her claim in ancillary relief.’ and ‘abuse of the kind under discussion is not limited to cases where the issue has been litigated and adjudicated on. It can extend to claims which have not been litigated but which ought to have been raised in previously concluded proceedings. ‘
Judges:
Lord Justice Thorpe Lord Justice May Mr Justice Bodey
Citations:
[2002] EWCA Civ 1748, [2003] 3 FCR 167
Links:
Statutes:
Matrimonial Causes Act 1973 25(2)(g)
Jurisdiction:
England and Wales
Citing:
Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Cited by:
Cited – Webb v Chapman and others CA 20-Jan-2009
Renewed application for permission to appeal following a provisional refusal.
Held: Notwithstanding the criticism, the appeal should not be allowed to go ahead. . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Family
Updated: 27 June 2022; Ref: scu.217669