Practical Law

In Allsop v Banner Jones Ltd and another, the Court of Appeal considered the application of Phosphate Sewage v Molleson to applications to strike out a claim on the basis of abuse of process. The decision is a detailed exploration of the scope of the doctrines of res judicata, collateral attacks on previous decisions and … Continue reading Abuse of process? Res judicata and collateral attacks on prior decisions after Allsop v Banner Jones Ltd and another →

In Davies v HIS Energy, Morris J considered whether in a case where the first action had been struck out, a second action would be an abuse of process. The comprehensive guidance provided is welcome as this question had gone unanswered by the higher courts since the Jackson reforms introduced the more stringent relief from sanctions … Continue reading When is a second bite of the cherry an abuse of process? →