The Weekly Law Reports
[2008] 1 WLR 748
Court of Appeal
*Aldi Stores Ltd
v
WSP Group plc and others
[2007] EWCA Civ 1260
2007 Oct 3;
Nov 28
Nov 28
Longmore, Thomas and Wall LJJ
Practice— Pleadings— Striking out— Abuse of process— Judge striking out claim for failure to pursue it in earlier action against different defendants— Whether decision exercise of discretion or judgment— Whether appellate court to interfere with decision— Whether rule of law that abuse of process not capable of arising absent sufficient identity of defendants in both actions— Whether claim abusive— Appropriate procedure where party wishing to bring other proceedings while reserving right in existing proceedings
This content is available only to subscribers. If you have a subscription to this content, please log in.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.