Adams & Individuals Listed In Schedule 1 To the Amended Claim Form v Ford & Ors Listed In Schedule 2 To the Amended Claim Form & Ors [2012] EWCA Civ 544 (26 April 2012)

Adams & Individuals Listed In Schedule 1 To the Amended Claim Form v Ford & Ors Listed In Schedule 2 To the Amended Claim Form & Ors [2012] EWCA Civ 544 (26 April 2012)

A claim form issued without authority from all named claimants is not a nullity and can be ratified by those claimants after issue. The inclusion of claimants without authority and a false statement of truth, while a serious procedural breach, does not automatically amount to an abuse of process justifying strike out. The court must act proportionately, and striking out the claims would be disproportionate and contrary to justice, especially where ratification has occurred and the breach has not caused irremediable prejudice.

Citation
[2012] EWCA Civ 544
Parties
Respondents: Dominic Adams and the individuals listed in Schedule 1 to the Amended Claim Form; Defendants: Stewart Ford and others listed in Schedule 2 to the Amended Claim Form; First Appellant: Jonathan Roper; Second Appellant: John Christopher Leeksma Bailey; Third Appellant: Collyer-Bristow (a firm)
Jurisdiction
England and Wales
Judgment Date
26 April 2012
Procedural Posture
Appeal From Commercial Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Authority to Issue Proceedings, Statement of Truth, Abuse of Process, Ratification, Multi Party Litigation
Civil Procedure Professional Conduct Authority to Issue Proceedings Statement of Truth Abuse of Process Ratification Multi Party Litigation

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Parties

Dominic Adams and the individuals listed in Schedule 1 to the Amended Claim Form

Respondents

Stewart Ford and others listed in Schedule 2 to the Amended Claim Form

Defendants

Jonathan Roper

First Appellant

John Christopher Leeksma Bailey

Second Appellant

Collyer-Bristow (a firm)

Third Appellant

Procedural Posture

Appeal From Commercial Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a claim form issued without authority from all named claimants is a nullity or can be ratified
  2. 2 Whether the inclusion of claimants without authority and a false statement of truth amounts to abuse of process justifying strike out
  3. 3 Whether the amended claim form should be struck out for procedural breaches

Ratio Decidendi

A claim form issued without authority from all named claimants is not a nullity and can be ratified by those claimants after issue. The inclusion of claimants without authority and a false statement of truth, while a serious procedural breach, does not automatically amount to an abuse of process justifying strike out. The court must act proportionately, and striking out the claims would be disproportionate and contrary to justice, especially where ratification has occurred and the breach has not caused irremediable prejudice.

Court Disposition

Appeal dismissed

Orders

  • The amended claim form is not struck out; claims may proceed for both original and later ratifying claimants.