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13 July 2012
Issue: 7522 / Categories: Case law , Law reports , In Court
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Practice—Striking out—Abuse of process

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

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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