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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll