News & Resources

Robust application of the CPR in a case where Court resources were being wasted

3rd June 2013

James Henry (instructed by Lindsey Bartling of Greenwoods) represented the Second Defendant at the hearing of its application to strike out the Claimants’ claims as an abuse of process on the basis that they had wasted Court resources.

The Claimants had been struck out in previous proceedings for failure to file a Pre-Trial Checklist.  No decision was made on the merits.  Fresh proceedings were issued for the same damages and the Second Defendant applied to have the claims struck out.  The Court held that it would drive a coach and horses through the April 2013 changes if the Claimants were allowed to ignore orders and simply seek to re-issue proceedings.  Their behaviour and the waste of court resources was an abuse of process and the claims were struck out.

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James Henry

James Henry
Year of Call: 2010

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