header-logo header-logo

Practice—Striking out—Abuse of process

13 July 2012
Issue: 7522 / Categories: Case law , Law reports , In Court
printer mail-detail

Labrouche v Frey and others [2012] EWCA Civ 881, [2012] All ER (D) 33 (Jul)

Court of Appeal, Civil Division, Lord Neuberger MR, Lord Justice Moses and Lord Justice Rimer, 3 Jul 2012

A judge is not entitled to refuse to hear oral argument on an application, however dim a view he takes of the application having read the papers.

Simon Taube QC, Marcus Staff and Justin Higgo (instructed by Carter Perry Bailey LLP) for the claimant. Paul Newman QC, Emily Campbell (instructed by Collyer Bristow LLP) and Michael Furness QC and Tiffany Scott (instructed by Boodle Hatfield LLP) for the defendants.

The claimant was a vested beneficiary under a will. The defendants were the trustees. By the proceedings the claimant sought various orders against the defendants. The defendants applied to strike out the proceedings. The application was listed with a three-day time estimate. At the start of the hearing, the judge stated to the defendants’ counsel that he had attempted to read the

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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll