header-logo header-logo

26 April 2024 / Ruth Pratt
Issue: 8068 / Categories: Features , Procedure & practice , Tort
printer mail-detail

Procedural abuse: a rare but deadly tort

169184
Ruth Pratt examines the little-used ‘procedural abuse torts’ in civil claims
  • Identifies the torts of abuse of process and malicious prosecution of a civil claim.
  • Reviews their features, utility and most recent consideration in the case law.

What are ‘procedural abuse’ torts?

Dispute resolution lawyers will no doubt be familiar with striking out under CPR 3.4(2) for abuse of process. This happens because a statement of case either discloses no reasonable grounds for bringing or defending the claim; is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of proceedings; or because there has been a failure to comply with a rule, practice direction or court order.

These rules interplay with the so-called doctrine of Henderson abuse: to prevent successive claims being brought when a single claim could have disposed of the matter. These provisions are aimed at bringing proceedings to an early determination for abuse of the court’s processes from a procedural perspective. For a successful strike-out applicant, the benefit

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll