ROBERT A CLARKE Pursuer (Reclaimer) against FENNOSCANDIA Ltd and Others Defenders (Respondents)
| Jurisdiction | Scotland |
| Year | 2005 |
| Date | 2005 |
| Court | Court of Session (Inner House - Second Division) |
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17 cases
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Barrie Tonner And Another V. Reiach And Hall
...in Scotland. Reference had already been made to Shetland Sea Farms Ltd. v Assuranceforeningen Skuld. In Clarke v Fennoscandia Ltd. (No. 3) 2005 SLT 511 all three judges in the Second Division expressed the view obiter that the Court had an inherent power to control abuse of process. In both......
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Charlotte Liston Sutherland V. The Advocate General For Scotland For And On Behalf Of The Commissioners For Her Majesty's Revenue And Customs
...to me to be the sort of abuse of process which it is within the power of this Court to prevent - see Clarke v Fennoscandia Ltd (No.3) 2005 S.L.T.511. Because of the other factors to which I refer, I do not consider that it is necessary to rely on the Court's power in this regard in the pres......
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Charlotte Liston Suterland V. Advocate General For Scotland On Behalf Of Hm Revenue And Customs
...it is doubtful whether, even if the court has the power to dismiss an action as an "abuse of process" (cf Clarke v Fennoscandia (No. 3) 2005 SLT 511, Lord Justice-Clerk (Gill) at paras 17 and 18), this would have been an appropriate case in which to exercise any such power. The reclaimer's ......
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The Lord Advocate V. Andrew Mcnamara
...it wastefully occupied the time and resources of the court in a claim that was obviously without merit" (Clarke v Fennoscandia Ltd (No. 3) 2005 SLT 511 at paragraph 17 per Lord Justice Clerk Gill); that the court might "prevent proliferation of litigation in relation to essentially the same......
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