Purvis & Anor v Penny & Ors [2001] EWCA Civ 218 (16 February 2001)

Purvis & Anor v Penny & Ors [2001] EWCA Civ 218 (16 February 2001)

The application to reinstate previously dismissed applications is an abuse of process as the matters have already been adjudicated and there are no grounds for further consideration.

Citation
[2001] EWCA Civ 218
Parties
1st Claimant/applicant: Paul Nigel Purvis; 2nd Claimant: Sara Jane Purvis; Defendants/respondents: Raymond Douglas Morson Penny and others
Jurisdiction
England and Wales
Judgment Date
16 February 2001
Procedural Posture
Civil Appeal / Application to Reinstate Dismissed Applications
Outcome
Application dismissed
Legal Topics
Abuse of Process, Re Litigation, Adjournment, Bankruptcy and Civil Claims
Civil Procedure Abuse of Process Re Litigation Adjournment Bankruptcy and Civil Claims

Case Brief

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Parties

Paul Nigel Purvis

1st Claimant/applicant

Sara Jane Purvis

2nd Claimant

Raymond Douglas Morson Penny and others

Defendants/respondents

Procedural Posture

Civil Appeal / Application to Reinstate Dismissed Applications

Legal Issues

  1. 1 Whether the applicant is entitled to have dismissed applications reinstated
  2. 2 Whether repeated applications constitute an abuse of process

Ratio Decidendi

The application to reinstate previously dismissed applications is an abuse of process as the matters have already been adjudicated and there are no grounds for further consideration.

Court Disposition

Application dismissed

Orders

  • Application to reinstate dismissed applications is refused