| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 137 (Apr) |
| Neutral Citation: | [2012] EWCA Civ 544 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Arden, Toulson and Black LJJ |
| Representation | Graham Chapman and Shail Patel (instructed by Enyo Law LLP) for the claimants. |
| Justin Fenwick QC and Ben Hubble QC (instructed by DAC Beachcroft LLP) for the defendants. | |
| Judgment Dates: | 26 April 2012 |
Catchwords
Pleading - Striking out - Abuse of process of the court - Claim form - Claim form issued in name of multiple claimants without authority of all named claimants - Defendants applying for claim form to be struck out as abuse of process - Court dismissing application - Defendants appealing - Whether court erring - CPR 3.
The Case
Pleading Striking out. The Court of Appeal, Civil Division, held that the judge had been right, in the circumstances, not to strike out a claim form which had been issued by a firm of solicitors without the authority of all of the named claimants, so that the statement of truth had been false.
Practice Areas
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