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Collateral attack—Phosphate Sewage test explained and its application curtailed (Allsop v Banner Jones Ltd)

Collateral attack—Phosphate Sewage test explained and its application curtailed (Allsop v Banner Jones Ltd)
Published on: 12 February 2021
Published by: LexisPSL
  • Collateral attack—Phosphate Sewage test explained and its application curtailed (Allsop v Banner Jones Ltd)
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Article summary

Dispute Resolution analysis: This judgment concerns the articulation, application, and interplay of the Phosphate Sewage test, named because of the decision in Phosphate Sewage v Molleson, the doctrine of collateral attack and abuse of the court’s process. Mr Allsop sued his former legal advisers who had acted in prior matrimonial proceedings. Mr Allsop appealed against the strike out of various aspects of his claims, including on grounds that the judge in the lower court had erred in applying the Phosphate Sewage test. The Court of Appeal allowed his appeal, agreeing that the judge should not have relied on the Phosphate Sewage test when finding that the claim constituted an abusive collateral attack on an order made in anterior civil proceedings. Written by Sandip Patel QC FCIArb, managing partner, at Aliant, London. or take a trial to read the full analysis.

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