Rolling back the tide – Henderson v Henderson re-litigation – Hardwicke Chambers

Posted February 28th, 2013 in abuse of process, news, retrials by sally

“It always seems much easier in theory than in practice to have a claim struck out as an abuse of process under the well known principle against re-litigation known by its leading authority of Henderson v Henderson (1843) 3 Hare 100.”

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Hardwicke Chambers, 20th February 2013

Source: www.hardwicke.co.uk

Foulser v Her Majesty’s Revenue and Customs – WLR Daily

Foulser v Her Majesty’s Revenue and Customs [2013] UKUT 038 (TCC); [2013] WLR (D) 51

“The First-tier Tribunal had jurisdiction to deal with an allegation that a fair hearing of a tax appeal before it had been made impossible, but any contention that a party had acted unlawfully in public law had to be put forward by way of an application for judicial review in the High Court or the Upper Tribunal. In a case where the FTT considered that a debarring order was justified and no lesser order would meet the justice of the case but yet, the facts of the case did not come within Rules 7 and 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the FTT could produce the desired just result by using its power under Rule 5 to ‘regulate its procedure’, particularly to deal with the case fairly and justly.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

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

Source: www.hardwicke.co.uk

Tugendhat J allows Katie Price privacy case against Peter Andre to proceed – The Lawyer

“The High Court has refused to throw out misuse of private information claims brought by celebrity Katie Price against her ex-husband Peter Andre, ex-manager Claire Powell, and ex-friend Jamelah Asmar.”

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The Lawyer, 9th January 2013

Source: www.thelawyer.com

Regina v YDG; Regina v ZSB – WLR Daily

Posted November 22nd, 2012 in abuse of process, appeals, criminal procedure, law reports, proceeds of crime by tracey

Regina v YDG: Regina v ZSB: [2012] EWCA Crim 2437;   [2012] WLR (D)  332

“Where a judge had directed, pursuant to section 29 of the Criminal Procedure and Investigations Act 1996, that there should be a preparatory hearing, and the conditions of that section were satisfied, he had no power to revoke his direction.”

WLR, 20th November 2012

Source: www.iclr.co.uk

High Court dismisses claim against Evening Standard as “attempt at extortion” – The Lawyer

“Mr Justice Tugendhat has slammed a claimant who attempted to sue London Evening Standard journalist Andrew Gilligan calling the case an ‘attempt at extortion’.”

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The Lawyer, 20th November 2012

Source: www.thelawyer.com

Secretary of State for the Home Department v CC and another – WLR Daily

Secretary of State for the Home Department v CC and another [2012] EWHC 2837 (Admin); [2012] WLR (D) 283

“Where it was alleged that illegal actions of state agents constituted an abuse of the process of the court, it was not necessary to prove actual knowledge of that illegality for abuse of process to be established. There might be situations where mere recklessness or even negligent conduct could justify a stay on grounds of abuse of process.”

WLR Daily, 19th October 2012

Source: www.iclr.co.uk

Terror suspects arrested in Somaliland lose UK appeal – BBC News

“Two men accused of being part of a ‘prolific extremist network’ have lost their appeal against control orders.”

Full story

BBC News, 19th October 2012

Source: www.bbc.co.uk

Arrears, warrants and abuse of process – NearlyLegal

Posted October 1st, 2012 in abuse of process, loans, mortgages, news, repossession, warrants by sally

“A report of a County Court mortgage possession case has reached us, in which the secured lender’s behaviour resulted in a finding of abuse of process. The question was when (an if) an arrears payment had been received.”

Full story

NearlyLegal, 30th September 2012

Source: www.nearlylegal.co.uk

London bomb plotters launch appeal over ‘flawed’ forensic evidence – The Guardian

Posted September 20th, 2012 in abuse of process, appeals, evidence, forensic science, news, terrorism by sally

“Four of the terrorists convicted for the 21 July 2005 bomb plot will launch an attempt to have their sentences quashed following claims by a former senior government scientist that key forensic evidence used to jail the attackers was flawed.”

Full story

The Guardian, 19th September 2012

Source: www.guardian.co.uk

Westbrook Dolphin Square Ltd v Friends Life Ltd – WLR Daily

Posted May 22nd, 2012 in abuse of process, appeals, landlord & tenant, law reports, leases by sally

Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666; [2012] WLR (D) 151

“Since the Leasehold Reform, Housing and Urban Development Act 1993 gave a tenant of a flat the right to acquire the freehold of his premises following service on the landlord of a notice of claim under section 13, and the tenant also had the statutory right to serve a second notice of claim at any time after a year had expired following the withdrawal of the first notice of claim, the general provision in CPR r 38.7, requiring the permission of the court to bring a second claim, did not apply to a second claim based on such a second notice.”

WLR Daily, 18th May 2012

Source: www.iclr.co.uk

Sullivan (aka Soloman) v Bristol Film Studios Ltd – WLR Daily

Sullivan (aka Soloman) v Bristol Film Studios Ltd [2012] EWCA Civ 570; [2012] WLR (D) 145

“In deciding whether a small claim ought to be struck out as an abuse of process it was relevant to consider whether there was a proportionate procedure available by which the claim could be adjudicated.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk

Adams and others v Ford and others – WLR Daily

Adams and others v Ford and others [2012] EWCA Civ 544; [2012] WLR (D) 125

“It was not right to lay down a categorical rule that the issue of proceedings without valid authority from a claimant ought necessarily to amount to an abuse of the process of the court. The principle in Presentaciones Musicales SA v Secunda [1994] Ch 271, that a claimant could ratify and adopt proceedings started in his name by a solicitor without authority, remained binding on the court.”

WLR Daily, 26th April 2012

Source: www.iclr.co.uk

Duress, abuse of process and erasing convictions: the questions raised in Regina v A – Halsbury’s Law Exchange

Posted March 20th, 2012 in abuse of process, appeals, duress, news, perverting the course of justice, rape by sally

“It seems remarkable that if a woman tells a lie when living in permanent fear of being attacked and stabbed she would probably be able to put forward the defence of duress (if that lie tended to pervert the course of justice), but it seems such a defence does not apply if the woman is living in fear of being raped.”

Full story

Halsbury’s Law Exchange, 19th March 2012

Source: www.halsburyslawexchange.co.uk

Regina v A (RJ) – WLR Daily

Posted March 16th, 2012 in abuse of process, Crown Prosecution Service, law reports, prosecutions by tracey

Regina v A (RJ): [2012] EWCA Crim 434;  [2012] WLR (D)  76

“A prosecution which did not constitute an abuse of process at the date of conviction could not acquire that characteristic on the basis of new or amended prosecutorial guidance or policy subsequently issued.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

Former cricketer Chris Cairns sues in libel tourism case – Daily Telegraph

“Ex-New Zealand cricketer Chris Cairns, who is suing a former Indian Premier League boss over a Twitter posting, will have his case heard by the High Court today in the latest example of libel tourism.”

Full story

Daily Telegraph, 5th March 2012

Source: www.telegraph.co.uk

High Street Gloom, Adjudication Boom – Hardwicke Chambers

Posted February 15th, 2012 in abuse of process, dispute resolution, jurisdiction, news by sally

“Forum shopping is an ill against which the courts are always vigilant to guard. Adjudication is a process that, naturally, is vulnerable to forum shopping because the parties have control over the selection of the tribunal that is to decide the dispute, which is unlike anything that would occur in the ordinary run of litigation.”

Full story

Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

Regina v Ideal Waste Paper Co Ltd and others – WLR Daily

Posted December 16th, 2011 in abuse of process, contamination, EC law, law reports, waste by tracey

Regina v Ideal Waste Paper Co Ltd and others: [2011] WLR (D)  370

“The absence of guidance relating to the permissible levels of contamination of waste which could legally be exported did not render criminal proceedings an abuse of process on grounds that the charges were so imprecise as to offend the requirements of the common law and of article 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms concerning accessibility and certainty of criminal offences.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

Regina v F(S) – WLR daily

Posted July 25th, 2011 in abuse of process, appeals, delay, law reports, stay of proceedings by tracey

Regina v F(S) [2011] EWCA Crim 1844;  [2011] WLR (D)  242

“An application to stay criminal proceedings for abuse of process on grounds of delay and a submission of ‘no case to answer’ were two distinct matters which had to receive distinct and separate consideration. An application to stay for abuse of process on the grounds of delay could not succeed unless, exceptionally, a fair trial was no longer possible owing to prejudice to the defendant caused by the delay which could not fairly be addressed in the normal trial process, whereas on a submission of ‘no case’ the question was whether the evidence, viewed overall, was such that the jury could properly convict.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Revenue and Customs Commissioners v Cotter – WLR Daily

Posted April 20th, 2011 in abuse of process, capital gains tax, income tax, jurisdiction, law reports by sally

Revenue and Customs Commissioners v Cotter [2011] EWHC 896 (Ch); [2011] WLR (D) 137

“The court had jurisdiction to determine in collection proceedings whether a taxpayer was entitled to include in his tax return a claim for relief and so rely on it as a defence to the claim for immediate payment.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.