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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Grovit and Others v Doctor and Others
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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.
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Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly known as Contour Aerospace Ltd)
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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.
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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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Taylor v Anderson
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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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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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Civil Procedure Rules 1998
... ... parties to co-operate with each other in the conduct of the proceedings;(b) identifying the issues at an early stage;(c) deciding promptly which ... ’s power to make order of its own initiativeRule 3.3Power to strike out a statement of caseRule 3.4Judgment without trial after striking ... ...
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Trade Union Act 2016
... ... of electronic balloting before it is rolled out across union strike ballots ... (3) The Secretary of State must consider the report and ... 45D (appeal from Certification Officer on question arising in proceedings etc under section 24B, 24C, 25, 31, 32ZC or 45C) ; ... (b) section 56A ... ...
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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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Equality Act 2010
... ... (2) Each of the following is a protected act—(a) bringing proceedings under this Act;(b) giving evidence or information in connection with ... conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim ... (2) If in proceedings before a court ... ...
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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...... ... 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 ... ...
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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 trial date
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 multi-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 ... ...