Source: All England Reporter
Publisher Citation: [2002] All ER (D) 477 (Jul)
Court: Queen's Bench Division

Butterfield J

Representation The claimant appeared in person.
  Philip Newman (instructed by Stephenson Harwood) for the first defendants.
  Ian Ridd (instructed by CMS Cameron McKenna) for the second defendant.
Judgment Dates: 31 July 2002


Practice - Striking out - Action - Abuse of process - Claimant bringing several proceedings against mortgagee - All of those proceedings being struck out - Claimant subsequently bringing proceedings against mortgagee's legal advisors - Legal advisors applying to have claim struck out - Legal advisors applying to restrain claimant from bringing further proceedings - Whether proceedings to be struck out - Whether Grepe v Loam order appropriate - CPR, 3.4.

The Case

Claims brought against the legal representatives of the defendant to earlier claims brought by the claimant were struck out, since they had no real prospects of success and were attempts to relitigate matters which had already been decided. Moreover, a Grepe v Loam order would be made against the claimant, since he demonstrated an increasing tendency to litigate, and had become obsessive and unreasonable in his approach to litigation.

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