CXX v DXX [2012] EWHC 1535 (QB) (01 June 2012)

CXX v DXX [2012] EWHC 1535 (QB) (01 June 2012)

It is not an abuse of process for a defendant to challenge criminal convictions in civil proceedings, but summary judgment is appropriate where the convictions, upheld on appeal, constitute overwhelming evidence and the defendant has no real prospect of success in disproving them; the discrepancy in the claimant's pleadings does not create a realistic prospect of a successful defence.

Citation
[2012] EWHC 1535
Parties
Claimant (respondent): CXX; Defendant (appellant): DXX
Jurisdiction
England and Wales
Judgment Date
01 June 2012
Procedural Posture
Appeal (civil) / Permission to Appeal and Full Appeal Hearing
Outcome
Permission to appeal refused; appeal dismissed.
Legal Topics
Abuse of Process, Summary Judgment, Trespass to the Person, Harassment, Civil Evidence, Effect of Criminal Conviction in Civil Proceedings
Civil Procedure Tort Law Abuse of Process Summary Judgment Trespass to the Person Harassment Civil Evidence Effect of Criminal Conviction in Civil Proceedings

Case Brief

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Parties

CXX

Claimant (respondent)

DXX

Defendant (appellant)

Procedural Posture

Appeal (civil) / Permission to Appeal and Full Appeal Hearing

Legal Issues

  1. 1 Whether it is an abuse of process for a defendant to challenge criminal convictions in civil proceedings for damages arising from the same facts
  2. 2 Whether summary judgment should be granted where the defendant seeks to challenge convictions upheld on appeal
  3. 3 Whether a discrepancy in the claimant's pleadings undermines her credibility sufficiently to justify a trial

Ratio Decidendi

It is not an abuse of process for a defendant to challenge criminal convictions in civil proceedings, but summary judgment is appropriate where the convictions, upheld on appeal, constitute overwhelming evidence and the defendant has no real prospect of success in disproving them; the discrepancy in the claimant's pleadings does not create a realistic prospect of a successful defence.

Court Disposition

Permission to appeal refused; appeal dismissed.

Orders

  • Summary judgment for the claimant; damages to be assessed.
  • Relevant paragraphs of the defence remain struck out.