Ernst & Young (A Firm) v Butte Mining Plc

JurisdictionEngland & Wales
Judgment Date06 March 1996
Date06 March 1996
CourtChancery Division
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23 cases
  • Joint Stock Company Togliattiazot v Eurotoaz Ltd
    • Ireland
    • High Court
    • 3 May 2019
    ...Another case where a notice of discontinuance was struck out, also discussed in Smyth v. Tunney, was Ernst & Young v. Butte Mining plc [1996] 1 WLR 1605 where a notice of discontinuance was served to prevent the service of a counterclaim in circumstances where the defendant had intimated a......
  • Glencore International AG v Exter Shipping Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 April 2002
    ...set aside both those notices in applications which are currently pending, alleging that they are an abuse of process ( cf Ernst & Young (a firm) v. Butte Mining Plc [1996] 1 WLR 1605). Glencore has similarly appealed against the grant of leave to discontinue the counterclaims in the Singap......
  • Sheltam Rail Company (Proprietary) Ltd v Mirambo Holdings Ltd and another
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 21 April 2008
    ...court must still have a discretion whether to set aside a Notice of Discontinuance. (Compare the comment of Robert Walker J in Ernst & Young v Butte Mining Plc [1996] 1WLR 1605 at 1622F). 35 When considering whether or not a Notice of Discontinuance constitutes an abuse of the process o......
  • Western Australia v Ward
    • Australia
    • Federal Court
    • Invalid date
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