In re Marjory: 1955

Lord Evershed said: ‘ . . court proceedings may not be used or threatened for the purpose of obtaining for the person so using for threatening them some collateral advantage to himself, and not for the purpose for which such proceedings are properly designed and exist; and a party so using or threatening proceedings will be liable to be held guilty of abusing the process of the court and therefore disqualified from invoking the powers of the court by proceedings he has abused.’


Lord Evershed


[1955] Ch 600


England and Wales

Cited by:

CitedBushell and Others, Regina (on the Application of) v Newcastle Licensing Justices and others Admn 31-Jul-2003
The claimants objected to a forced transfer of an unused justices on-line for the benefit of the licencee applicants. The licensees had first been refused a licence for certain premises, but then requested and were given transfer of an obsolete . .
CitedGoldsmith v Sperrings Ltd CA 1977
Claims for Collateral Purpose treated as abuse
The plaintiff commenced proceedings for damages for libel and an injunction against the publishers, the editors and the main distributors of Private Eye. In addition, he issued writs against a large number of other wholesale and retail distributors . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 May 2022; Ref: scu.186022