Strike-Out for Abuse of Process in Civil Litigation: Principles, Procedure & Case Law

Introduction

Abuse of process is not confined to cases of dishonesty or bad faith. It encompasses the use of the court’s procedures for an improper or collateral purpose, litigation conducted in a manner that unjustifiably burdens either the defendant or the court and claims that are vexatious, scurrilous or obviously ill-founded.

This webinar will explore the key principles underpinning the doctrine of abuse of process, including what constitutes an abuse of the court’s process and the circumstances in which proceedings may be considered improper. It will also examine the significance of improper purpose, the treatment of vexatious, scurrilous or obviously ill-founded claims and conduct that obstructs the just disposal of proceedings.

The webinar will also consider how these principles are applied in practice.

What You Will Learn

This webinar will cover the following:

• Explain what constitutes an abuse of process in English civil procedure
• Identify key categories of abuse
• The relevant procedural rules and practice directions governing a strike-out application
• State the legal principles and evidential requirements for an application under CPR 3.4(2)(b)
• Apply the principles to realistic case studies and identify the strongest and weakest grounds for relief