The claimant had brought an action against the shop. She had been stopped on leaving when a library book caused the anti-theft alarm to go off. She and felt humiliated by the public way she was dealt with. Her claim in negligence had been dismissed, and she re-issued claiming false imprisonment.
Held: The second action on the same facts was an abuse of process. Her appeal against the striking out of her action failed.
Judges:
Lord Justice Hirst Mr. Justice Cazalet
Citations:
[1998] EWCA Civ 1767
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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 27 November 2022; Ref: scu.145246
