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Civil procedure

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