Appeal by two public authorities against a refusal to strike out the claimant’s claim as an abuse of process. The principal point of law which arises for decision is whether (following O’Reilly v Mackman  2 AC 237) the claimant was entitled to proceed under Part 7 of the Civil Procedure Rules rather than by way of judicial review.
Rupert Jackson, Lewison, Hamblen LJJ
 EWCA Civ 1998
England and Wales
Health, Judicial Review
Updated: 02 April 2022; Ref: scu.601142