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United Kingdom › Abuse of Process

BCLP

Is Challenging a Judgment Allegedly Procured by a Previously Known Fraud an Abuse of Process and Vexatious?

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“Once a judgment is tainted by deceit it is fatally flawed” (Park v CNH Industrial Capital Europe Limited). But can an application to set aside a default judgment allegedly procured by fraud, itself be an abuse of process,...more

BCLP

Mastercard overcharge counterfactual declined - Tribunal rules in Merricks class action

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The Competition Appeal Tribunal has handed down a judgment determining several preliminary issues in the £17 billion collective action brought against Mastercard in relation to anti-competitive multilateral interchange fees,...more

BCLP

Setback for defendants in international environmental group claims

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The judgment of the Court of Appeal on 8 July in Municipio de Mariana v BHP Group (UK) Ltd and BHP Group Limited [2022] confirms once again the difficulties faced by UK defendants in bringing international environmental tort...more

BCLP

When appealing a contempt order will be an abuse of process

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Our insight into a recent judgment of the Court of Appeal: the judgment provides valuable analysis from the Court of Appeal as to the legal principles and the policy considerations around what constitutes an abuse of process...more

Latham & Watkins LLP

High Court Strikes Out “Largest White Elephant in the History of Group Actions”

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A class action by 202,600 claimants arising from the collapse of the Fundão dam in Brazil was struck out as abuse of process. Background - In Município De Mariana & Ors v. BHP Group Plc & Anor (Rev 1), the largest group...more

BCLP

Bound by prior admissions: Court of Appeal upholds the CAT’s abuse of process judgment against Truck Cartelists

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The Court of Appeal has strongly dismissed an appeal against the Competition Appeal Tribunal’s (“CAT’s”) decision that it would be an abuse of process for certain truck manufacturers to seek to challenge the facts recorded in...more

BCLP

Court of Appeal confirms that “warehousing” is not always an abuse of process

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On 24 January 2020, the Court of Appeal delivered its judgment in Aljawharah Bint Ibrahim Abdulaziz Alibrahim v Asturion Fondation ([2020] EWCA Civ 32) in relation to the question of whether “warehousing” constitutes an abuse...more

Latham & Watkins LLP

Fraud Unravels All – Even Post-Judgment

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English Supreme Court rules that there is no reasonable diligence requirement barring a fresh action to set aside a judgment obtained by fraud. Introduction - In Takhar v Gracefield Developments Limited and others...more

A&O Shearman

Abuse of process and prior arbitral awards

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The Court of Appeal has provided important guidance on the circumstances in which a court claim can be struck out as an abuse of process on the basis that it forms a collateral attack on a prior arbitral award between...more

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