J Preston & Sons Ltd [2012] EWHC 870 (QB) (03 April 2012)

J Preston & Sons Ltd [2012] EWHC 870 (QB) (03 April 2012)

There was no abuse of process making a fair trial impossible; clear diagnosis of asbestosis in Mr Anderson's lifetime meant alleged failures by claimant's solicitor did not prejudice appellant's ability to defend. The threshold for striking out was not met.

Citation
[2012] EWHC 870
Parties
Appellant/defendant: J Preston & Sons Ltd; Respondent/claimant: Julie Hurst (Personal Representative of the Estate of Gordon Anderson, Deceased)
Jurisdiction
England and Wales
Judgment Date
03 April 2012
Procedural Posture
Application for Permission to Appeal (strike Out Claim as Abuse of Process) / Appeal From Decision of Senior Master Whitaker
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Strike Out Applications, Asbestos Related Disease Claims, Fair Trial, Pre Action Protocol Compliance
Tort Civil Procedure Abuse of Process Strike Out Applications Asbestos Related Disease Claims Fair Trial Pre Action Protocol Compliance

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Parties

J Preston & Sons Ltd

Appellant/defendant

Julie Hurst (Personal Representative of the Estate of Gordon Anderson, Deceased)

Respondent/claimant

Procedural Posture

Application for Permission to Appeal (strike Out Claim as Abuse of Process) / Appeal From Decision of Senior Master Whitaker

Legal Issues

  1. 1 Whether conduct of claimant's solicitor amounted to abuse of process
  2. 2 Whether alleged abuse created substantial risk of unfair trial
  3. 3 Whether claim should be struck out under CPR 3.4(2)(b)

Ratio Decidendi

There was no abuse of process making a fair trial impossible; clear diagnosis of asbestosis in Mr Anderson's lifetime meant alleged failures by claimant's solicitor did not prejudice appellant's ability to defend. The threshold for striking out was not met.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal refused
  • Claim not struck out; proceedings to continue