| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 301 (Oct) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Pill, Latham and Arden LJJ |
| Representation | Soofi Din (instructed by Wilkins & Thompson, Uttoxeter) for the claimant. |
| Elizabeth Darlington (instructed by Glandfield & Cruddas, Uttoxeter) for the defendant. | |
| Judgment Dates: | 26 October 2005 |
Catchwords
Practice - Summary judgment - Entitlement to summary judgment - Striking out of defence and counterclaim - Facts averred in defence contrary to evidence in earlier proceedings - Judge striking out defence and counterclaim as abuse of process - Defendant amending defence - Whether defendant having prospect of success at trial on basis of proposed defence and counterclaim.
The Case
Raising matters by way of defence that had not been raised before in previous proceedings would not necessarily amount to an abuse of process. In the instant case, where the defendant's amended defence and counterclaim had not been subject to any previous adjudication, it did not amount to an abuse of process.
Practice Areas
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