Land Securities Plc & Ors v Fladgate Fielder (A Firm) [2009] EWHC 577 (Ch) (25 March 2009)

Land Securities Plc & Ors v Fladgate Fielder (A Firm) [2009] EWHC 577 (Ch) (25 March 2009)

The tort of abuse of process does exist in English law and is not limited to ancillary process. It is arguable that it applies to judicial review proceedings. The claimants' case, as pleaded, is not so obviously unsustainable as to justify strike out or summary judgment. The issues of law and fact should proceed to trial.

Citation
[2009] EWHC 577 (Ch)
Parties
Claimant: Land Securities PLC; Claimant: LS Wilton Plaza Limited; Claimant: LS Park House Limited; Defendant: Fladgate Fielder (A Firm)
Jurisdiction
England and Wales
Judgment Date
25 March 2009
Procedural Posture
Civil (tort) / Application to Strike Out And/or for Summary Judgment
Outcome
Applications to strike out and for summary judgment refused.
Legal Topics
Abuse of Process, Judicial Review, Planning Law, Summary Judgment, Strike Out Applications
Tort Law Civil Procedure Abuse of Process Judicial Review Planning Law Summary Judgment Strike Out Applications

Case Brief

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Parties

Land Securities PLC

Claimant

LS Wilton Plaza Limited

Claimant

LS Park House Limited

Claimant

Fladgate Fielder (A Firm)

Defendant

Procedural Posture

Civil (tort) / Application to Strike Out And/or for Summary Judgment

Legal Issues

  1. 1 Does the tort of abuse of process exist in English law?
  2. 2 If so, does it apply to judicial review proceedings?
  3. 3 Is it necessary for the underlying proceedings to have failed or to have been brought without reasonable and probable cause?

Ratio Decidendi

The tort of abuse of process does exist in English law and is not limited to ancillary process. It is arguable that it applies to judicial review proceedings. The claimants' case, as pleaded, is not so obviously unsustainable as to justify strike out or summary judgment. The issues of law and fact should proceed to trial.

Court Disposition

Applications to strike out and for summary judgment refused.

Orders

  • Claim not struck out under CPR 3.4(2)(a) or (b).
  • Summary judgment refused under CPR 24.2.