- Restatement of the principles on abuse of process in circumstances not involving res judicata or issue estoppel (Pricewaterhousecoopers LLP v BTI 2014 LLC)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The Court of Appeal upheld a decision to refuse a strike out/reverse summary judgment application. The Court of Appeal summarised the pre-existing case law on abuse of process in situations where a second set of proceedings covered the same factual ground as an earlier set of proceedings not between the same parties. Lord Justice Flaux, delivering the lead judgment, considered the application of the two-limb test set out in Secretary of State for Trade and Industry v Bairstow, and applied the second limb of the test to the specific facts of the case. Coulson LJ agreed with Flaux LJ, and added further analysis as regards the balance of unfairness in this dispute. Emphasis was laid on the relevance of prior procedural history when considering abuse of process and whether the litigation had an improper collateral purpose. Written by Angharad Parry, barrister, at Twenty Essex.
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