Strike out Proceedings in UK Law

Leading Cases
  • Wallis v Valentine
    • Court of Appeal (Civil Division)
    • 18 Jul 2002

    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'.

  • Grovit and Others v Doctor and Others
    • House of Lords
    • 24 Abr 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.

  • Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly known as Contour Aerospace Ltd)
    • Supreme Court
    • 03 Jul 2013

    The first principle is that once a cause of action has been held to exist or not to exist, that outcome may not be challenged by either party in subsequent proceedings. 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.

  • Marcan Shipping (London) Ltd v Kefalas and Candida Corporation
    • Court of Appeal (Civil Division)
    • 17 May 2007

    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.

  • Ashby and Others v Birmingham City Council
    • Queen's Bench Division
    • 03 Mar 2011

    Claimants cannot rely on letting the limitation period for claims to an Employment Tribunal go by in order to ensure that their equal pay claims are heard in the courts. It cannot be said that because such claims to an Employment Tribunal would be out of time a judge could not decide that it would be more convenient for them to be disposed of in the Employment Tribunal and to strike out the claims in the County Court or High Court.

  • Taylor v Anderson
    • Court of Appeal (Civil Division)
    • 07 Nov 2002

    It is accepted on behalf of the defendants, however, in this court (and, if I may say so, properly accepted) that, on the present state of the authorities, including authorities in this Court, these proceedings ought not to be struck out unless an unequivocal affirmative answer can be given to the question: is there a substantial risk that a fair trial is impossible?Tested by that criteria, the district judge's conclusion that there was considerable doubt about whether there could be a fair trial—or that it was unlikely that there could now be a fair trial—does not, in my view, justify a strike out.

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Books & Journal Articles
  • Disclosing Lawyers: Questioning Law and Process in the Admission of Australian Lawyers
    • Núm. 41-2, Junio 2013
    • Federal Law Review
    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...
    ...... Court of Appeals Fourth Circuit 95 and court proceedings alleging a false statutory declaration and the giving of false ... pro forma for admission re q uires an applicant to accept, or to strike out and disclose information regarding, the following statement: 'I am ......
  • The Tests for Inconsistency under Section 109 of the Constitution
    • Núm. 10-1, Marzo 1979
    • Federal Law Review
    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...
  • Interim Measures in the Case Law of the European Court of Human Rights
    • Núm. 21-4, Diciembre 2003
    • Netherlands Quarterly of Human Rights
    Under its Rules of Court, the European Court of Human Rights has the power to issue interim measures. Case law shows that an interim measure is generally directed towards the respondent State but i...
    ...... or a prohibitive nature: one or both of the parties in the proceedings before the European Court may be required to act in a certain way or to ... may arise such as extremely severe prison conditions or a hunger strike. As a result, the requests for interim measures will contain references to ......
  • The Use of Injunctions in Industrial Disputes May 1984‐April 1987
    • Núm. 25-3, Noviembre 1987
    • British Journal of Industrial Relations
    ......, sixteen to secondary action and forty- seven to pre-strike ballot^.^ In all but fifteen cases (sixty-five), the ... employers, they proved readier to initiate contempt proceedings when injunctions were defied than was the case under the ......
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Law Firm Commentaries
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