Abuse of Process in the Civil Courts
by Gibson QC, Charles; Skinner, Paul; Tandy, RachelFormat: Hardcover
Pub. Date: 2030-04-01
Publisher(s): Oxford University Press
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Author Biography
Charles Gibson QC, Head of Chambers, Henderson Chambers,
Paul Skinner, Barrister, Matrix Chambers
Rachel Tandy, Barrister, Henderson Chambers
bCharles Gibson QCr is head of Henderson Chambers and a leading silk in commercial litigation, product liability, health and safety, environmental law and consumer law.
bPaul Skinnerr is a barrister at Matrix Chambers pratising across a wide range of public and international law areas, representing and advising businesses, individuals, and public bodies.
bRachel Tandyr is a barrister at Henderson Chambers, specialising in commercial and common law. Before commencing pupillage, she also spent a year working as an adjudicator at the Financial Ombudsman Service.
Table of Contents
A: Introduction
1. Introduction
2. Historical Development
3. Theoretical Framework
B: Abuse by Litigation
4. Meritless Claims
5. Claims not in the Public Interest
6. Claims Proceeding in Other Jurisdictions and Conflict of Laws
C: Abuse by Re-Litigation
7. Res Judicata
8. The Rule in Henderson v Henderson
9. Previous Proceedings Struc Out as the Result of a Peremptory Order
D: Abuse by Breach of Procedure
10. Malicious Procecution
11. Want of Procecution
12. Breach of Procedural Rules
E: Vexatious Litigants
F: Conclusions
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