||All England Reporter
|| All ER (D) 137 (Apr)
|| EWCA Civ 544
||Court of Appeal, Civil Division
Arden, Toulson and Black LJJ
||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.
||26 April 2012
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.
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.
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