header-logo header-logo

10 July 2009
Issue: 7377 / Categories: Case law , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll