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 his criminal convictions in civil proceedings, but summary judgment is appropriate where the convictions, together with supporting evidence, leave the defendant with no real prospect of successfully defending the claim. The discrepancy in the claimant's pleadings does not provide a realistic prospect of overturning the convictions or the civil claim. The pending CCRC application does not affect the outcome.

Citation
[2012] EWHC 1535 (QB)
Parties
Claimant (respondent): CXX; Defendant (appellant): DXX
Jurisdiction
England and Wales
Judgment Date
01 June 2012
Procedural Posture
Appeal / Permission to Appeal and Full Appeal Hearing Against Summary Judgment and Strike Out Order
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 / Permission to Appeal and Full Appeal Hearing Against Summary Judgment and Strike Out Order

Legal Issues

  1. 1 Whether it is an abuse of process for a defendant to challenge criminal convictions in subsequent civil proceedings brought by the victim
  2. 2 Whether summary judgment should be granted where the defendant seeks to challenge convictions relied upon by the claimant
  3. 3 Whether the existence of an application to the Criminal Cases Review Commission (CCRC) affects the civil proceedings

Ratio Decidendi

It is not an abuse of process for a defendant to challenge his criminal convictions in civil proceedings, but summary judgment is appropriate where the convictions, together with supporting evidence, leave the defendant with no real prospect of successfully defending the claim. The discrepancy in the claimant's pleadings does not provide a realistic prospect of overturning the convictions or the civil claim. The pending CCRC application does not affect the outcome.

Court Disposition

Permission to appeal refused; appeal dismissed.

Orders

  • Summary judgment for the claimant stands.
  • Relevant paragraphs of the defence remain struck out.