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26 April 2024 / Ruth Pratt
Issue: 8068 / Categories: Features , Procedure & practice , Tort
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Procedural abuse: a rare but deadly tort

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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

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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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