- In brief: High threshold for strike out for abuse of process maintained (Grenda Investments Ltd v Barton)
- What are the practical implications of this case?
- What was this case about?
- What did the court decide?
- Case details
Dispute Resolution analysis: Colleen Hanley, barrister at 20 Essex St Chambers, considers the case Grenda Investments Ltd v Barton. The case involved cross-applications; the claimant seeking summary judgment on its claim with the defendant, at the same time, seeking to strike out the claimant’s claim on the basis that it amounted to an abuse of the process. The judge dismissed both applications and in doing so, affirmed the well-established tests for both. The defendant founded its strike-out application on a significant period of delay on the part of the claimant in choosing to pursue their claim against the defendant. The defendant alleged that this amounted to the claimant ‘warehousing’ the relevant proceedings because it had no real intention of ever bringing them. The judge disagreed and concluded that the inactivity was the result of the claimant’s preoccupation with other wider litigation on-going at the time. The claimant’s summary judgment application was dismissed essentially on the basis that the defendant’s evidence raised many points suitable for cross-examination at trial.
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