Abuse of Process - Key Principles & Caselaw

Introduction

This webinar will explore the steps to consider when making a successful strike out application on the basis of abuse of process.

All the key legal principles will be examined together with caselaw.

What You Will Learn

This webinar will cover the following:

• What is abuse of process?
• The applicable rules
• The basic legal principles applicable on making an application to strike out grounded in Abuse of Process
• Exercise of the Court’s discretion on an application to strike out on the basis of Abuse of Process - general approach
• Defendant in contempt
• Issuing claims without intention to pursue them and ‘warehousing’
• Delay
• Inappropriate procedure and abuse of process
• Claim or defence ‘is incurably incapable of proof’
• Collateral purpose and abuse of process
• Limitation, res judicata and abuse of process
• Abuse of process and failure to comply with the Aldi requirement
• Breach of confidentiality and abuse of process
• Perjury and abuse of process
• No title to sue and abuse of process
• Proportionality and abuse of process
• Weak claims and abuse of process
• ‘Something might turn up’
• Obstructing the just disposal of proceedings (CPR 3.4(2)(b)
• Vexatious proceedings

This webinar was recorded on 23rd September 2024

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