header-logo header-logo

06 July 2012
Issue: 7521 / Categories: Case law , Law reports , In Court
printer mail-detail

Practice—Striking out—Power to strike out claim following trial

Fairclough Homes Ltd v Summers [2012] UKSC 26, [2012] All ER (D) 179 (Jun)

Supreme Court, Lord Hope DP, Lord Kerr, Lord Clarke, Lord Dyson and Lord Reed SCJJ, 27 Jun 2012

Following a trial at which the court has found a defendant liable in damages to the claimant in an ascertained sum, the court nevertheless retains power to strike out the claimant’s statement of case on the basis that it is an abuse of process, though the power is for exceptional circumstances.

Craig Sephton QC and Hugh Davies (instructed by SAS Daniels LLP) for the employee. William Norris QC, James Todd and Sadie Crapper (instructed by Berrymans Lace Mawer LLP) for the employer.

In May 2003, while employed by the defendant, the claimant was injured in an accident at work. He suffered two fractures. In October 2003, the defendant admitted liability. The claimant brought a claim alleging breach of duty or negligence. Following a trial, in August 2007, the claimant obtained judgment on liability with damages to be assessed. In October 2007, the defendant

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll