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10 July 2009
Issue: 7377 / Categories: Case law , Law digest
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Civil procedure

Masood and others v Zahoor and others [2009] EWCA Civ 650, [2009] All ER (D) 33 (Jul)

Where a claimant was guilty of misconduct in relation to proceedings which was so serious that it would be an affront to the court to permit him to continue to prosecute his claim, then the claim might be struck out for that reason. The question whether it was appropriate to strike out a claim on that ground would depend on the particular circumstances of the case.

However, it would have to be a very rare case where, at the end of a trial, it would be appropriate for a judge to strike out a case rather than dismiss it in a judgment on the merits in the usual way. 

One of the objects to be achieved by striking out a claim was to stop the proceedings and prevent the further waste of precious resources on proceedings which the claimant had forfeited the right to have determined.

Once the proceedings had run their course, it was too late to further that

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MOVERS & SHAKERS

Clarke Willmott—Anita Rasaratnam

Clarke Willmott—Anita Rasaratnam

Clarke Willmott strengthens social housing development offering with senior London appointment

Trowers & Hamlins—David Meecham

Trowers & Hamlins—David Meecham

Trowers strengthens Birmingham real estate team with partner hire

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan expands private client and regulatory teams with new legal directors

NEWS
A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
Helping to source the services and providers you need
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
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