Tag Archives: Abuse of process

COURT FEES AND STRIKING OUT: ANOTHER CASE

There is a brief report on  Browne Jacobson Insurance Law about a case that struck out because of a failure to pay the correct fees. THE REPORT The report is brief and does not give the date of the judgment or level of judge. The facts The claimant, prior to issue, put forward several schedules […]

DELAY AND NON-COMPLIANCE: ACTION STRUCK OUT: A “GAME CHANGER”

The judgment of Master Matthew in Phelps -v- Button [2016] EWHC 3185 (Ch) emphasises the dangers of delay and non compliance. “…I will observe that the Court ethos has changed enormously since the days of Lord Denning and the two Court of Appeal decisions to which I have referred. I will not say that in […]

SECOND APPLICATION FOR SECURITY FOR COSTS WAS NOT AN ABUSE OF PROCESS (THIS TIME)

In Holyoake -v- Candy [2016] EWHC 3065 (Ch) Mr Justice Nugee decided that a second application for security for costs was not an abuse of process.  The judgment reviews the law relating to second applications and abuse in detail. It contains some important lessons for anyone considering withdrawing an application, but reserving the right to […]

THE ALDI PRINCIPLE AND SECOND ACTIONS: A STING IN THE TAIL

In Chamonix Private Equity LLP -v- Caledonia Investments plc [2015] EWHC 3290 (Comm) Mr Justice Knowles noted that, in the absence of prior notification, it was going to be difficult for a claimant to bring a second action against different parties. THE CASE The parties had settled an action on the morning of the hearing. […]

TYPE IN HASTE, REPENT AT LEISURE: SOME EXAMPLES FROM LITIGATION: “CHURN THAT BILL, BABY”

If you write something down, particularly on a computer, it has the potential to come back and bite you.  It can bite you even if you think the communication is privileged or between colleagues. There are several cases in which parties have waived privilege.  Here we look at some of the cases where the courts […]

DELAY AND STRIKING OUT FOR ABUSE OF PROCESS: SOME INTERESTING LESSONS

The judgment of Master Bowles in Solland International Ltd -v- Clifford Harris & Co [2015] EWHC 2018 (Ch) contains several matters of interest to litigators. Not only the fact that the action was struck out but some of the allegations made in the underlying action. The central point, however, is that a failure to progress […]

BANKRUPTCY OF CLAIMANT DID NOT RENDER ACTION INVALID OR AN ABUSE OF PROCESS

In Eaton -v- Mitchells & Butler PLC (30th April 2015) (reported today on Bailli) His Honour Judge Keyser QC had to consider the effect of bankruptcy upon the validity of a claim. “It is remarkable that the case had proceeded all the way to a two-day trial, conducted (as I am told) by leading counsel […]