abuse of process – Current Awareness

Prosecution for Possession of a Bladed Article Stayed as Abuse of Process – Drystone Chambers

Posted February 14th, 2025 in abuse of process, chambers articles, criminal justice, news, offensive weapons, police, stay of proceedings, stop and search by sally

‘The defendant, an 18-year-old with no previous convictions or contact with the police, was charged after being stopped and searched at Notting Hill Carnival in August 2023, where he was found in possession of a lock knife. The defendant, who was preparing to begin university in September 2023, was remorseful and had admitted to carrying the knife following discussions about receiving a caution as a form of out of court disposal.’

Drystone Chambers, 13th February 2025

Source: www.drystone.com

Criminalising thought crime? – Local Government Lawyer

Posted November 18th, 2024 in abortion, abuse of process, freedom of expression, human rights, local government, news, public spaces protection orders by sally

‘Kuljit Bhogal KC and Sarah Salmon explain why a defendant was recently convicted of breaching a PSPO near an abortion clinic.’

Local Government Lawyer, 15th November 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court allows Mueen-Uddin appeal – 5RB

Posted June 25th, 2024 in abuse of process, appeals, chambers articles, defamation, foreign jurisdictions, news, striking out, Supreme Court, war crimes by sally

‘A unanimous Supreme Court reversed the Court of Appeal’s and High Court’s decision to strike out the libel claim as an abuse of process.’

5RB, 20th June 2024

Source: www.5rb.com

Alerter by William Hibbert & Thomas Samuels – A Warning: all that glisters is not gold – Henderson Chambers

Posted June 13th, 2024 in abuse of process, chambers articles, litigants in person, mortgages, news by sally

‘In Stamp & Ors v Capital Home Loans Ltd & Ors [2024] EWHC 1092 (KB) Master Gidden has provided guidance on the proper approach to the growing problem of the potential conduct of litigation by unauthorised persons who, online and on social media. encourage unrepresented litigants to bring claims based on wholly misguided arguments, resulting in litigants having their claims struck out and incurring a liability in costs.’

Henderson Chambers, 16th May 2024

Source: www.hendersonchambers.co.uk

Court of Appeal reverses stay of criminal trial over lack of counsel finding it ‘based on mistakes of fact’ – Law Society’s Gazette

Posted May 13th, 2024 in abuse of process, appeals, barristers, criminal justice, Crown Prosecution Service, news, stay of proceedings by sally

‘A Court of Appeal judgment has given guidance to judges “facing difficulties arising out of non-attendance by trial counsel” after finding a district judge was wrong to stay proceedings over the lack of prosecuting counsel.’

Law Society's Gazette, 13th May 2024

Source: www.lawgazette.co.uk

High Court throws out £110m claim against law firms – Legal Futures

Posted April 11th, 2024 in abuse of process, duty of care, law firms, news, striking out by sally

‘A businessman who brought a claim against two leading law firms, and also reported them and those representing them to the Solicitors Regulation Authority (SRA), has seen his case struck out.’

Legal Futures, 11th April 2024

Source: www.legalfutures.co.uk

Claimant “does not know” identity of funder backing her case – Legal Futures

Posted March 11th, 2024 in abuse of process, banking, data protection, disclosure, HM Revenue & Customs, news, taxation, treaties by sally

‘The High Court has rejected an attempt to progress a challenge to a major international tax transparency measure where the claimant has refused to identify their litigation funder.’

Legal Futures, 11th March 2024

Source: www.legalfutures.co.uk

Will an office-holder be immune from future claims when a court approves their decision? – Guildhall Chambers

Posted October 3rd, 2023 in abuse of process, immunity, negligence, news, receivers, striking out by sally

‘If the court gives its blessing in respect of a decision taken by an office-holder, does the court’s approval mean that the office-holder is immune from any subsequent challenge to that decision? If so, to what extent? Is it blanket immunity? Those are the questions which this article will address following the Court of Appeal’s decision in Denaxe Ltd v Cooper & Rubin [2023] EWCA Civ 752.’

Guildhall Chambers, 15th September 2023

Source: www.guildhallchambers.co.uk

When could issuing a claim form involve an abuse of process? – Mills & Reeve

Posted September 20th, 2023 in abuse of process, chambers articles, civil procedure rules, costs, news by sally

‘A party to litigation can act in abuse of process in many different circumstances. Abusing the process of the court can lead to the striking out of a claim or defence, or to other less draconian sanctions. In this article, we consider when a claimant could be found to have acted in abuse of process shortly before and when issuing proceedings.’

Mills & Reeve, 19th September 2023

Source: www.mills-reeve.com

Firm ordered to pay wasted costs for “inexplicable” error – Legal Futures

Posted April 21st, 2023 in abuse of process, costs, hospitals, law firms, negligence, news, probate, wills by sally

‘A law firm which started proceedings when its client did not have standing to bring them has been ordered to pay wasted costs because it failed to check this.’

Legal Futures, 21st April 2023

Source: www.legalfutures.co.uk

Abuse of Process for Lost Evidence: Alive and Kicking – 25 Bedford Row

Posted January 9th, 2023 in abuse of process, appeals, chambers articles, evidence, news, stay of proceedings by sally

‘Colin Wells discusses the recent case of ANP [2022] EWCA Crim 1111 in which the Court of Appeal (Criminal Division) considered the circumstances of when a case might be stayed as an abuse of process when important evidence has been lost or destroyed.’

25 Bedford Row, 5th December 2022

Source: www.25bedfordrow.com

Claim against solicitors was attempt to relitigate private prosecution – Legal Futures

Posted August 3rd, 2022 in abuse of process, civil justice, criminal justice, law firms, negligence, news, private prosecutions, solicitors by sally

‘A professional negligence claim against a firm of solicitors in the North-East has been thrown out as an attempt to relitigate an unsuccessful private prosecution.’

Legal Futures, 3rd August 2022

Source: www.legalfutures.co.uk

English courts get new powers to dismiss Slapp cases against reporters – The Guardian

Posted July 20th, 2022 in abuse of process, freedom of expression, media, news, public interest by sally

‘Courts in England and Wales are to be granted new powers to dismiss lawsuits employed by wealthy claimants to stifle free speech, the government has said.’

The Guardian, 20th July 2022

Source: www.theguardian.com

Divisional Court rejects bid by major retailer to have knife sale case thrown out as abuse of process – Local Government Lawyer

Posted June 20th, 2022 in abuse of process, appeals, judicial review, local government, news, offensive weapons, sale of goods by sally

‘Retailer Argos has failed in a bid to have proceedings brought against it by London Borough of Barking & Dagenham stayed as an abuse of the process of the court.’

Local Government Lawyer, 16th June 2022

Source: www.localgovernmentlawyer.co.uk

“Warehoused” case against law firm struck out – Legal Futures

Posted January 18th, 2022 in abuse of process, conspiracy, fraud, law firms, negligence, news, striking out by sally

‘The High Court has struck out a professional negligence claim against a London law firm that it decided had been “warehoused”.’

Legal Futures, 18th January 2022

Source: www.legalfutures.co.uk

Former publican makes legal history with abuse of process claim – Law Society’s Gazette

Posted January 10th, 2022 in abuse of process, damages, food hygiene, licensed premises, local government, news by sally

‘Aformer publican has made legal history after accepting ‘substantial’ damages to settle a civil abuse of process claim – a cause of action last successfully sued upon 160 years ago, his lawyers have said.’

Law Society's Gazette, 7th January 2022

Source: www.lawgazette.co.uk

Claimant liable for abuse of process after misusing online claim system – Legal Futures

Posted December 7th, 2021 in abuse of process, debts, default judgments, electronic filing, news by sally

‘A claimant who filed a request for judgment on the Money Claim Online (MCOL) system, knowing the defendant’s alleged admission had not been made, has been found liable for the tort of abuse of process.’

Legal Futures, 7th December 2021

Source: www.legalfutures.co.uk

Judges and lawyers call for curbs on misuse of SLAPPs – Legal Futures

Posted November 30th, 2021 in abuse of process, civil procedure rules, costs, freedom of expression, media, news, public interest by sally

‘Senior judges and lawyers on a panel chaired by former Supreme Court president Lord Neuberger have called for legal reforms to curb “strategic lawsuits against public participation” (SLAPPs).’

Legal Futures, 30th November 2021

Source: www.legalfutures.co.uk

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

Posted November 26th, 2021 in abuse of process, construction industry, contracts, dispute resolution, enforcement, injunctions, news by sally

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

PI claim to proceed despite tribunal settlement – Law Society’s Gazette

Posted September 3rd, 2021 in abuse of process, damages, employment, employment tribunals, news, personal injuries, striking out by sally

‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’

Law Society's Gazette, 2nd September 2021

Source: www.lawgazette.co.uk

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