Source: All England Reporter
Publisher Citation: [2006] All ER (D) 123 (Sep)
Court: Chancery Division
Judge:

Lewison J

Representation Hugo Groves (instructed by Howes Percival) for the claimant.
  The first defendant did not appear and was not represented.
  The second defendant appeared in person.
Judgment Dates: 26 September 2006

Catchwords

Practice - Striking out - Abuse of process - Claimant issuing proceedings whilst second defendant protected by interim order - Whether issue of proceedings constituting abuse of process.

The Case

In a case where the second defendant sought to have proceedings against him struck out, in circumstances where, at the time of the issue of those proceedings he enjoyed protection under the terms of an interim order, the court refused his application and held that there had been no abuse of process.

Practice Areas

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