- Collateral attack—Phosphate Sewage test explained and its application curtailed (Allsop v Banner Jones Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
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.
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