First use of power to strike out following Summers v Fairclough – Hardwicke Chambers

Posted February 8th, 2013 in abuse of process, fraud, news, personal injuries, striking out by sally

“The decision is of significance, because it is the first strike out of a fraudulent/exaggerated claim following the Supreme Court’s ruling in Summers v Fairclough Homes Limited [2012] 1 WLR 2004. Summers is authority for the proposition that under CPR 3.4(2) the court has power to strike out a statement of case on the ground that it is an abuse of process at any stage in the proceedings, including – but in very exceptional circumstances – at the end of a trial.”

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Hardwicke Chambers, 31st February 2013