Clutterbuck & Ors v Cleghorn [2017] EWCA Civ 137 (21 March 2017)

Clutterbuck & Ors v Cleghorn [2017] EWCA Civ 137 (21 March 2017)

The claimants' action was an abuse of process due to failure to comply with mandatory case management guidelines (Aldi Stores), and constituted an abusive collateral attack on a prior judgment (Al Amoudi proceedings). The claims were substantially the same as previously litigated, and allowing them would be unjust, oppressive, and bring the administration of justice into disrepute.

Citation
[2017] EWCA Civ 137
Parties
Claimant/appellant: Amanda Stephanie Clutterbuck; Claimant/appellant: Ian Scranton Paton; Defendant/respondent: William Cleghorn (as judicial factor to the estate of Elliot Nichol deceased)
Jurisdiction
England and Wales
Judgment Date
21 March 2017
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; claim struck out as abuse of process
Legal Topics
Abuse of Process, Collateral Attack, Case Management, Joint Venture Agreements, Fraud, Misrepresentation
Civil Procedure Property Law Trusts and Estates Abuse of Process Collateral Attack Case Management Joint Venture Agreements Fraud +1 more

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Parties

Amanda Stephanie Clutterbuck

Claimant/appellant

Ian Scranton Paton

Claimant/appellant

William Cleghorn (as judicial factor to the estate of Elliot Nichol deceased)

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the claimants' action constituted an abuse of process under Henderson v Henderson principles
  2. 2 Whether the claims amounted to an abusive collateral attack on a prior judgment
  3. 3 Whether the Aldi Stores guidelines were engaged and breached

Ratio Decidendi

The claimants' action was an abuse of process due to failure to comply with mandatory case management guidelines (Aldi Stores), and constituted an abusive collateral attack on a prior judgment (Al Amoudi proceedings). The claims were substantially the same as previously litigated, and allowing them would be unjust, oppressive, and bring the administration of justice into disrepute.

Court Disposition

Appeal dismissed; claim struck out as abuse of process

Orders

  • Claim struck out
  • Judgment for respondent