Fairclough Homes Limited v Summers

Fairclough Homes Limited v Summers

The court has jurisdiction to strike out a statement of case for abuse of process even after trial and assessment of damages, but should only do so in very exceptional circumstances where it is just and proportionate; in this case, striking out would not be proportionate or just.

Parties
Appellant: Fairclough Homes Limited; Respondent: Summers
Jurisdiction
England and Wales
Judgment Date
27 June 2012
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed; claim not struck out.
Legal Topics
Abuse of Process, Fraudulent Claims, Strike Out Powers, Costs, Interest, Contempt of Court
Civil Procedure Personal Injury Abuse of Process Fraudulent Claims Strike Out Powers Costs Interest Contempt of Court

Case Brief

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Parties

Fairclough Homes Limited

Appellant

Summers

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a civil court has power to strike out a statement of case as an abuse of process after trial and assessment of damages
  2. 2 In what circumstances such power should be exercised

Ratio Decidendi

The court has jurisdiction to strike out a statement of case for abuse of process even after trial and assessment of damages, but should only do so in very exceptional circumstances where it is just and proportionate; in this case, striking out would not be proportionate or just.

Court Disposition

Appeal dismissed; claim not struck out.

Orders

  • Submissions on precise form of order and costs to be made within 28 days.