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Initially instructed to represent D at a JSM in a liability admitted claim in which £125,000 interim payments had been made. Advised to withdraw from the JSM, apply to withdraw the admission and strike out the claim.
Whatever the circumstances of the inception of the claim, D established at the application that the claim was then being brought, not on true facts, but on a clear intention to deceive. The court preferred D’s submissions and rejected C’s account that there was an innocent explanation.
Claim was struck out pursuant to CPR r.3.4(2)(b) as being both an abuse of the court’s process and likely to obstruct the just disposal of the proceedings.
C was ordered to repay the £125,000 interim payments and pay D’s costs of the action on the indemnity basis.
Case transferred to High Court for permission for contempt proceedings.