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01 February 2008
Issue: 7306 / Categories: Case law , Law digest
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CIVIL LITIGATION

Stuart v Goldberg Linde (a firm) and another [2008] EWCA Civ 2, [2008] All ER (D) 73 (Jan)

In determining whether or not a claim is an abuse of process on the ground that it should have been included in a previous action, it would be in an extreme case that the merits, in the sense of prospects of success, of the second action could be relevant to deciding whether or not bringing it separately is an abuse of process.

If the prospects of success are uncertain, but the case is not suitable for summary judgment for either party under CPR, Pt 24, it is inappropriate to attempt to weigh the prospects of success in the balance in deciding whether or not it is an abuse of the process to bring the claim in later proceedings, rather than as part of the earlier proceedings.

Moreover, delay of itself is not relevant to whether or not the second claim is an abuse of process; unless there is a defence under the Limitation Act 1980, or an equitable defence such as laches. The mere fact that the claimant brought

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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