Source: All England Reporter
Publisher Citation: [2002] All ER (D) 273 (Mar)
Court: Queen's Bench Division

Toulson J

Representation The claimants did not appear and were not represented.
  Simon Monty (instructed by Pinsent Curtis Biddle) for the first defendant and (instructed by Ince & Co) for the second defendant.
Judgment Dates: 19 March 2002


Action - Dismissal - Abuse of process - Collateral attack on final decision of court of competent jurisdiction in previous proceedings - First claimant having had full opportunity of contesting decision in previous proceedings - First claimant being convicted in Crown Court on drug trafficking charges - First claimant's appeal being dismissed - Criminal Cases Review Commission rejecting first claimant's application - Claimant bringing action against former solicitors and counsel - First claimant's relatives and companies also bringing proceedings - Whether proceedings abuse of process.

The Case

An action for, inter alia, breach of duty against former legal representatives of the first claimant was struck out for abuse of process; the claim involved a collateral attack upon his conviction, sentence and confiscation orders and all points could have been made in his earlier unsuccessful application before the Criminal Cases Review Tribunal.

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