header-logo header-logo

06 July 2012
Issue: 7521 / Categories: Case law , Law reports , In Court
printer mail-detail

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

Fairclough Homes Ltd v Summers [2012] UKSC 26, [2012] All ER (D) 179 (Jun)

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

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

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll