Practice—Striking out—Power to strike out claim following trial

Supreme Court, Lord Hope DP, Lord Kerr, Lord Clarke, Lord Dyson and Lord Reed SCJJ, 27 Jun 2012

Following a trial at which the court has found a defendant liable in damages to the claimant in an ascertained sum, the court nevertheless retains power to strike out the claimant’s statement of case on the basis that it is an abuse of process, though the power is for exceptional circumstances.

Craig Sephton QC and Hugh Davies (instructed by SAS Daniels LLP) for the employee. William Norris QC, James Todd and Sadie Crapper (instructed by Berrymans Lace Mawer LLP) for the employer.

In May 2003, while employed by the defendant, the claimant was injured in an accident at work. He suffered two fractures. In October 2003, the defendant admitted liability. The claimant brought a claim alleging breach of duty or negligence. Following a trial, in August 2007, the claimant obtained judgment on liability with