| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 107 (Apr) |
| Neutral Citation: | [2009] EWCA Civ 297 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Arden, Neuberger and Richards LJJ |
| Representation | David Chivers QC and Alastair Tomson (instructed by Memery Crystal LLP) for the claimants. |
| Alan Steinfeld QC and Elspeth Talbot-Rice (instructed by Reynolds Porter Chamberlain LLP) for the defendants in the new claim. | |
| The other defendants were not represented and did not appear. | |
| Judgment Dates: | 8 April 2009 |
Catchwords
Action - Dismissal - Abuse of process of the court - Joint venture agreement relating to property - Court ordering trial of preliminary issue as to whether claimants selling interest in property - Court finding claimants selling interest - Court directing new claim should be issued to determine whether claimants having any interest in property - Defendant succeeding in application to strike out new claim as abuse of process - Claimants appealing Whether new claim constituting abuse of process.
The Case
Action Dismissal. Court of Appeal, Civil Division: On the facts, the judge had erred in allowing the claimants' claim to be struck out as an abuse of the court's process. He had also erred in making the order for costs which he had in related proceedings.
Practice Areas
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