In a second set of proceedings involving the same parties, one of them seeks to raise matters which could have been raised first time round.
In a second set of proceedings involving the same parties, one of them seeks to raise matters which could have been raised first time round. Can do? In Henley v Bloom [2010] EWCA Civ 202, [2010] All ER (D) 80 (Mar) the Court of Appeal ruled that however desirable it was for a party to bring all his claims forward in one go, the abuse principle did not bar a claim simply because it could have been made earlier. The facts had to be that the second claim amounted to an abuse of process before it could be struck out.
Paper justice
A judge determined an application for relief from sanctions on paper and effectively dismissed it. An on paper dismissal of such an application was a bold step and not one that was ordinarily recommended, stated the Court of Appeal in Vernon v Spoudeas and another [2010] All ER (D)
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