Abuse of Process in UK Law

Leading Cases
  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 December 2000

    That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.

    There is, therefore, only one question to be considered in the present case: whether it was oppressive or otherwise an abuse of the process of the court for Mr. Johnson to bring his own proceedings against the firm when he could have brought them as part of or at the same time as the Company's action. The burden should always rest upon the defendant to establish that it is oppressive or an abuse of process for him to be subjected to the second action.

  • Aldi Stores Ltd v WSP Group Plc and Others
    • Court of Appeal (Civil Division)
    • 28 November 2007

    However, it is sufficient for the purposes of this appeal to state that an appellate court will be reluctant to interfere with the decision of the judge in the judgment he reaches on abuse of process by the balance of the factors; it will generally only interfere where the judge has taken into account immaterial factors, omitted to take account of material factors, erred in principle or come to a conclusion that was impermissible or not open to him.

  • Grovit and Others v Doctor and Others
    • House of Lords
    • 24 April 1997

    The courts exist to enable parties to have their disputes resolved. To commence and to continue litigation which you have no intention to bring to conclusion can amount to an abuse of process. Where this is the situation the party against whom the proceedings is brought is entitled to apply to have the action struck out and if justice so requires (which will frequently be the case) the courts will dismiss the action.

  • R v Horseferry Road Magistrates Court ex parte Bennett (A.P.)
    • House of Lords
    • 24 June 1993

    If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law. If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law.

  • Bradford and Bingley Building Society v Seddon Hancock and Others, Third Parties
    • Court of Appeal (Civil Division)
    • 11 March 1999

    Thus, abuse of process may arise where there has been no earlier decision capable of amounting to res judicata, either or both because the parties or the issues are different, for example, where liability between new parties and/or determination of new issues should have been resolved in the earlier proceedings, or where there is such an inconsistency between the two that it would be unjust to permit the later proceedings to continue.

  • Goldsmith v Sperrings Ltd
    • Court of Appeal (Civil Division)
    • 23 February 1977

    On the other hand, if it can be shown that a litigant is pursuing an ulterior purpose unrelated to the subject matter of the litigation and that, but for his ulterior purpose, he would not have commenced proceedings at all, that is an abuse of process.

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Legislation
  • Courts Reform (Scotland) Act 2014
    • Scotland
    • January 01, 2014
    ... ... ,(i) the steps that the Court may take where there has been an abuse of process by a party to such proceedings,(j) expenses that may be awarded ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... 3.18Defence trial advocaterule 3.19Application to stay case for abuse of processrule 3.20Application for joint or separate trials, etc.rule ... 76 (enforcement of sums adjudged to be paid) ;(b) section 83 (process for securing attendance of offender) ;(c) section 86 (power of ... ...
  • Criminal Justice Act 2003
    • UK Non-devolved
    • January 01, 2003
    ... ... law (including any point as to the admissibility of evidence or an abuse of process) which he wishes to take, and any authority on which he intends ... ...
  • Criminal Procedure and Investigations Act 1996
    • UK Non-devolved
    • January 01, 1996
    ... ... law (including any point as to the admissibility of evidence or an abuse of process) which he wishes to take, and any authority on which he intends ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Tell a bailiff about risks of seizing someone's property
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to civil matters including judgments.
    ... ... Section A – To be completed for all warrants and process delivery ... In your dealings with the defendant/respondent or other ... /respondent known to have any mental health issues or known to use/abuse drugs or ... alcohol in any way that may affect their behaviour? ... If ... ...
  • personal welfare application (COP GN4)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... understand the process better ... • appoint a deputy to make ongoing decisions on ... behalf ... because of a risk of harm or abuse to a person ... lacking capacity to decide on the contact (8.28) ... • ... ...
  • Family mediation information and assessment meeting form
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... form of abuse which relates to financial matters ... Section 2b – Child protection ... 23. The family mediator helps the process of ... negotiation between the parties to agree their ... own arrangements ... ...
  • Form A
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... form of abuse which relates to financial matters ... Section 3b – Urgency ... The ... support you in the mediation process ... 18. If you, or the prospective respondent, is eligible for ... Legal ... ...
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