The claimant sought a contribution from the defendant towards its liability for a fire at its premises, as found in earlier proceedings against the now claimant. The defendant had filed a defence merely not admitting, and not denying, responsibility for the fire. The claimant now requested that that defence be struck out as an abuse of process, since it challenged the findings of fact already made by the judge in the case brought against the claimant in the earlier proceedings. The defendants were receiving ongoing but yet incomplete advice from their expert as to the cause.
Held: The defendant’s insurers should have acknowledged receipt of the pre-action correspondence from the claimant’s solicitors. However, the times notified by the claimant had been themselves inadequate, and had the pleading included a denial, the claimant’s position would remain the same.
Judges:
Burnett J
Citations:
[2009] EWHC 3075 (QB), [2010] BLR 225
Links:
Statutes:
Electrical Equipment (Safety) Regulations 1994, Directive 98/37/EC
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 – Hollington v E Hewthorn and Co Ltd CA 1943
Decisions of an earlier tribunal were not binding or admissible in later proceedings where the earlier proceedings were before a court of criminal jurisdiction. Evidence of a prior conviction would not have been admissible in separate criminal . .
Cited – Hunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .
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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Torts – Other
Updated: 11 June 2022; Ref: scu.431289
