Perkins & Anor v Devoran Joinery Company Ltd & Ors [2006] EWHC 582 (QB) (22 March 2006)

Perkins & Anor v Devoran Joinery Company Ltd & Ors [2006] EWHC 582 (QB) (22 March 2006)

The proceedings did not constitute an abuse of process because the claims for deceit and defective design had not previously been adjudicated upon, and the claimants were entitled to have these serious allegations determined at trial. The Recorder erred in law and fact by striking out the claim, failing to consider all relevant circumstances, and misapplying the principles from Johnson v Gore Wood & Co.

Citation
[2006] EWHC 582
Parties
Appellant/claimant: Alan Perkins; Appellant/claimant: Pauline Perkins; Respondent/defendant: Devoran Joinery Company Ltd; Respondent/defendant: Kirby and Cove Ltd; Respondent/defendant: Kirby Adair Partnership Ltd
Jurisdiction
England and Wales
Judgment Date
22 March 2006
Procedural Posture
Appeal / Appeal From Order Striking Out Claim for Abuse of Process
Outcome
Appeal allowed
Legal Topics
Abuse of Process, Strike Out Applications, Right of Access to Court, Deceit, Defective Goods, Res Judicata
Civil Procedure Contract Law Tort Law Abuse of Process Strike Out Applications Right of Access to Court Deceit Defective Goods +1 more

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Parties

Alan Perkins

Appellant/claimant

Pauline Perkins

Appellant/claimant

Devoran Joinery Company Ltd

Respondent/defendant

Kirby and Cove Ltd

Respondent/defendant

Kirby Adair Partnership Ltd

Respondent/defendant

Procedural Posture

Appeal / Appeal From Order Striking Out Claim for Abuse of Process

Legal Issues

  1. 1 Whether the claim against Devoran Joinery Company Ltd for deceit and defective design constituted an abuse of process and should be struck out
  2. 2 Whether the Recorder erred in law and fact in striking out the claim
  3. 3 Whether the claimants were precluded from litigating issues not previously adjudicated upon

Ratio Decidendi

The proceedings did not constitute an abuse of process because the claims for deceit and defective design had not previously been adjudicated upon, and the claimants were entitled to have these serious allegations determined at trial. The Recorder erred in law and fact by striking out the claim, failing to consider all relevant circumstances, and misapplying the principles from Johnson v Gore Wood & Co.

Court Disposition

Appeal allowed

Orders

  • Order of the Recorder striking out the claim set aside
  • Claim to proceed to trial