header-logo header-logo

Civil procedure

10 July 2009
Issue: 7377 / Categories: Case law , Law digest
printer mail-detail

Masood and others v Zahoor and others [2009] EWCA Civ 650, [2009] All ER (D) 33 (Jul)

Where a claimant was guilty of misconduct in relation to proceedings which was so serious that it would be an affront to the court to permit him to continue to prosecute his claim, then the claim might be struck out for that reason. The question whether it was appropriate to strike out a claim on that ground would depend on the particular circumstances of the case.

However, it would have to be a very rare case where, at the end of a trial, it would be appropriate for a judge to strike out a case rather than dismiss it in a judgment on the merits in the usual way. 

One of the objects to be achieved by striking out a claim was to stop the proceedings and prevent the further waste of precious resources on proceedings which the claimant had forfeited the right to have determined.

Once the proceedings had run their course, it was too late to further that important objective. Once that stage had been achieved, it was

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll