Hiseman v Arab Investment Syndicate Ltd [2001] EWCA Civ 1259 (12 July 2001)

Hiseman v Arab Investment Syndicate Ltd [2001] EWCA Civ 1259 (12 July 2001)

The claimants' case had no real prospect of success, was in part an abuse of process, and was properly dismissed by summary judgment; no error in the judge's exercise of discretion; no violation of Article 6 ECHR.

Citation
[2001] EWCA Civ 1259
Parties
Claimant/applicant: Stephen Leslie Hiseman; Claimant/applicant: Arab Investment Syndicate Limited; Defendant/respondent: Messrs Janes (a firm)
Jurisdiction
England and Wales
Judgment Date
12 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Outcome
Application for permission to appeal refused
Legal Topics
Summary Judgment, Abuse of Process, Limitation of Actions, Solicitor's Duty of Care, Restoration to Register, Beneficial Ownership, Article 6 ECHR
Civil Procedure Professional Negligence Summary Judgment Abuse of Process Limitation of Actions Solicitor's Duty of Care Restoration to Register Beneficial Ownership +1 more

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Parties

Stephen Leslie Hiseman

Claimant/applicant

Arab Investment Syndicate Limited

Claimant/applicant

Messrs Janes (a firm)

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the claimants had a real prospect of success in their claim against the solicitors
  2. 2 Whether the claim was an abuse of process due to earlier proceedings
  3. 3 Whether the summary judgment procedure under Part 24 CPR was properly applied

Ratio Decidendi

The claimants' case had no real prospect of success, was in part an abuse of process, and was properly dismissed by summary judgment; no error in the judge's exercise of discretion; no violation of Article 6 ECHR.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused