The claimant sought the strike out of the defendants pleadings. The first defendant was found to have been responsible for the killing of the deceased. The proceedings had been prolonged by procedural challenges by the defendant.
Held: The defendants by their refusals to co-operate with the court had deprived themselves of the right to defend the action, and the defence was struck out.
Judges:
Lightman J
Citations:
[2006] EWHC 1315 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Ashingdane v The United Kingdom ECHR 28-May-1985
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place . .
Cited – Ebert v Venvill (Trustee In Bankruptcy); Woolf; Midland Bank Plc and Rabinowicz (a Solicitor) CA 5-Jul-1999
The court refused leave to appeal from the High Court. It would be absurd if, when an order was made restricting commencement of proceedings by a vexatious litigant, that the High Court should not have power to restrain by the same order also . .
Cited – Asiansky Television Plc and Another v Bayer-Rosin CA 19-Nov-2001
The court considered the circumstancs allowing a striking out.
Held: Consideration should be given to the question whether striking out the claim or defence would be disproportionate and, except perhaps where striking it out would be plainly . .
Cited – Arrow Nominees Inc, Blackledge v Blackledge ChD 2-Nov-1999
The applicants sought to strike out a claim under section 459. The two companies sold toiletries, the one as retail agent for the other. They disputed the relationship of the companies, and the use of a trading name. Documents were disclosed which . .
Cited – Sellick and Sellick, Regina v CACD 14-Mar-2005
The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 12 September 2022; Ref: scu.242441