- Professional advisers secure summary dismissal of client’s claim after losing discrimination claim (Naqvi v Harris Cartier Limited)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The case is about the re-litigation of claims, which the law discourages on grounds of consistency and efficiency. The easiest recourse for a losing litigant is to blame his legal advisers. But, even in a factually complicated case, it is possible for the advisers to have the claim dismissed at a summary stage if it does not pass the ‘realistic prospect of success’ test. The judgment emphasises that the authorities show that the court can test the client’s evidence, which it does not have to accept at face value, even at the stage of summary disposal. Additionally, the case considers the parameters of what amounts to an impermissible collateral attack on another court’s decision. Although not so here, if the second claim requires a court to decide whether the first judgment was right, the second claim will often be abusive and struck out. Written by Ian Gascoigne, dispute resolution lawyer and legal trainer.
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