INSURER’S APPLICATION TO COMMIT STRUCK OUT AS AN ABUSE OF PROCESS: LITIGATION IS NOT CONDUCTED ON THE BASIS THAT, NOTWITHSTANDING THE ABSENCE OF EVIDENCE, A PARTY MAY BE ABLE TO PUT MATTERS RIGHT AT SOMETIME IN THE FUTURE…

In this case an insurer's application to commit a personal injury claimant to prison was struck out. This was because the insurer applicant failed to satisfy the court that it had any right to bring the action in the name of the applicant.  The insurer did not have evidence that the named applicant ...