Murray v Cassidy [2002] EWCA Civ 411 (6 March 2002)

Murray v Cassidy [2002] EWCA Civ 411 (6 March 2002)

The appeal was allowed because the circuit judge failed to consider a material fact: the parties had already agreed the figure for resolution of the Part 20 claim, subject only to the abuse argument. The absence of this fact undermined the justification for striking out the claim as abuse. Raising the Part 20 claim in the second action was not an abuse of process given the procedural history and settlements.

Citation
[2002] EWCA Civ 411
Parties
Claimant/respondent: Heather Murray; Defendant/appellant: Kevin Cassidy
Jurisdiction
England and Wales
Judgment Date
06 March 2002
Procedural Posture
Civil Appeal / Second Tier Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Abuse of Process, Estoppel, Contribution, Road Traffic Accident
Civil Procedure Tort Abuse of Process Estoppel Contribution Road Traffic Accident

Case Brief

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Parties

Heather Murray

Claimant/respondent

Kevin Cassidy

Defendant/appellant

Procedural Posture

Civil Appeal / Second Tier Appeal From County Court Decision

Legal Issues

  1. 1 Whether the appellant's Part 20 claim constitutes an abuse of process
  2. 2 Whether estoppel prevents the appellant from pursuing the Part 20 claim

Ratio Decidendi

The appeal was allowed because the circuit judge failed to consider a material fact: the parties had already agreed the figure for resolution of the Part 20 claim, subject only to the abuse argument. The absence of this fact undermined the justification for striking out the claim as abuse. Raising the Part 20 claim in the second action was not an abuse of process given the procedural history and settlements.

Court Disposition

Appeal allowed

Orders

  • Judgment for the appellant on Part 20 claims in the agreed sum of £4,387.68 inclusive of interest
  • Respondent to pay appellant's costs of the Part 20 claim