Strike out Proceedings in UK Law
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Wallis v Valentine
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First, where Simon Brown LJ speaks in paragraph (2)(ii) of the conduct of the proceedings, this is not confined as Mr Price submitted, to the conduct of proceedings after the issue of the claim, but includes the initiation of the claim itself. Secondly, at the interlocutory stage the test is an objective one. Lord Denning MR dissented; he considered the action was brought for the collateral purpose of cutting off the channels of distribution of the defendant's paper 'Private Eye'.
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Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly known as Contour Aerospace Ltd)
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Fourth, there is the principle that even where the cause of action is not the same in the later action as it was in the earlier one, some issue which is necessarily common to both was decided on the earlier occasion and is binding on the parties: Duchess of Kingston's Case (1776) 20 St Tr 355.
The principle in Henderson v Henderson has always been thought to be directed against the abuse of process involved in seeking to raise in subsequent litigation points which could and should have been raised before. There was nothing controversial or new about this notion when it was expressed by Lord Kilbrandon in Yat Tung.
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Marcan Shipping (London) Ltd v Kefalas and Candida Corporation
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agreed, reflect a more robust approach to litigants whose conduct is liable to subvert the overall fairness of the proceedings. Moreover, Ward L.J. was at pains to emphasise that the principles embodied in the CPR may justify a more robust approach to litigants whose conduct is liable to have that effect.
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Salim Shalabayev v JSC BTA Bank
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Although the judge paid lip service to this principle in his judgment, he did not to my mind provide adequate reasons why the present case was "a rare case". It was unfortunate that he was apparently not referred to In re Norris. In my judgment not only was he wrong as a matter of principle but also, as Mr. Sheehan submitted, he took into account and gave undue weight toinappropriate factors.
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Grovit and Others v Doctor and Others
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Unilever Plc v Procter and Gamble Company
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They show that the protection of admissions against interest is the most important practical effect of the rule. But to dissect out identifiable admissions and withhold protection from the rest of without prejudice communications (except for a special reason) would not only create huge practical difficulties but would be contrary to the underlying objective of giving protection to the parties (in the words of Lord Griffiths in Rush & Tompkins at p.1300)
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Civil Procedure Rules 1998
... ... 1991/1247, rule 10.27(5) (as inserted by The Family Proceedings (Amendment) Rules 2003 (S.I. 2003/184), rules 1(1), 16) ... Power to strike out a statement of case ... ...
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Trade Union Act 2016
... ... of electronic balloting before it is rolled out across union strike ballots. (3) ... 45D (appeal from Certification Officer on question arising in proceedings etc under section ... ...
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The Tribunal Procedure (Upper Tribunal) Rules 2008
... ... These Rules apply to proceedings before the Upper Tribunal ... The Upper Tribunal must strike out the whole or a part of the proceedings if the Upper Tribunal ... ...
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The Valuation Tribunal for Wales (Wales) (Amendment) Regulations 2013
... ... “Striking out proceedings ... 32A.—(1) The Valuation Tribunal may strike out an appeal or part of ... ...
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Disclosing Lawyers: Questioning Law and Process in the Admission of Australian Lawyers
Australian lawyers are assessed and admitted to practise at a state and territory level. An important part of that assessment is an applicant's ‘suitability’ for professional practise; also referre...... ... States Court of Appeals Fourth Circuit95 and court proceedings alleging a false statutory declaration and the giving of false ... pro forma for admission re quires an applicant to accept, or to strike out and disclose information regarding, the following statement: 'I am ... ...
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Civil Procedure Rules - Extracts
... ... (a) from making any further applications in current proceedings (a limited civil restraint order); ... (b) from issuing certain claims or ... Power to strike out a statement of case 3.4 ... (1) In this rule and rule 3.5, reference ... ...
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Arbitration
... ... of being referred to commercial arbitration 2028 Stay of court proceedings 2029 (i) Generally 2029 (ii) Loss of ability to obtain a stay 2034 ... Furthermore, an application by a defendant to strike out proceedings against it, on the basis of the proceedings being ... ...
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The Tests for Inconsistency under Section 109 of the Constitution
Mr Murray-Jones is concerned to re-examine the rules which have developed with respect to the interpretation of s. 109 of the Constitution. He looks first at the “cover-the-field” test enunciated b...
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Abuse of process and prior arbitral awards
The Court of Appeal has provided important guidance on the circumstances in which a court claim can be struck out as an abuse of process on the basis that it forms a collateral attack on a prior ar...... ... the basis of an abuse of process claim; that, whilst its power to strike out proceedings where the application was based on a prior arbitral award ... ...
- Court Of Appeal Overturns Decision To Strike Out The Defendant's Defence Of Public Interest In Libel Proceedings Brought By TV Presenter Rachel Riley
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Court of Appeal confirms that “warehousing” is not always an abuse of process
On 24 January 2020, the Court of Appeal delivered its judgment in Aljawharah Bint Ibrahim Abdulaziz Alibrahim v Asturion Fondation ([2020] EWCA Civ 32) in relation to the question of whether “wareh...... ... ” constitutes an abuse of process that should result in a strike out. Lord Justices Arnold, Leggatt and the Senior President of Tribunals ... alleges that these transfers were invalid and in 2015 issued proceedings in England to recover the London property. Proceedings were also ... ...
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CFI Refuses To Set Aside Ex Parte Order Allowing Service Out On Basis Of Defendant's Submission To Jurisdiction
... ... developments, the Third Defendant, Mr Israel Sorin Shohat, in proceedings commenced by the Plaintiff, Mr Balram Chainrai, sought to appeal in the ... His commencement of strike-out proceedings on 3 May 2016 (Application for Strike-Out). In making ... ...
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Request for change
Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.... ... Permission to amend grounds of appeal/response ... Strike out the appeal/LA barred ... Permission to bring an additional witness ... tribunal proceedings ... For details of the standards we follow when processing your data, ... ...
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Notice of Allocation to the small claims track (Hearing)
Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.... ... give notice that you will not attend, the district ... judge may strike out your claim, defence or ... counterclaim. If the claimant attends but ... of the claim the claimant or defendant wishes to start fresh proceedings a new claim ... must be filed together with the appropriate fee or ... ...
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Notice of Allocation to the small claims track - no hearing (specimen form)
Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.... ... If, following strike out of the claim the claimant or defendant wishes to start fresh ... ...
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Notice of Allocation to the fast track
Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.... ... If, following strike out of the claim the claimant or defendant wishes to start fresh ... ...