PROVING THINGS 148: FUNDAMENTAL DISHONESTY PROVEN: NO NEED TO WAIT FOR ASSESSMENT OF DAMAGES

In Patel v Arriva Midlands Ltd & Anor [2019] EWHC 1216 (QB) HHJ Melissa Clarke (sitting as a High Court Judge) accepted the defendant’s argument that the claimant was fundamentally dishonest.  The claim was struck out under Section 57 of…

SECOND ACTION STRUCK OUT AS AN ABUSE OF PROCESS: COURT OF APPEAL DECISION

SECOND ACTION STRUCK OUT AS AN ABUSE OF PROCESS: COURT OF APPEAL DECISION

The question of whether a “second action” is an abuse of process is not one that gives an automatic, or easy, answer. The factors were considered today by the Court of Appeal in Harbour Castle Ltd v David Wilson Homes Ltd…