Nomura International Plc v Granada Group Ltd & Ors [2007] EWHC 642 (Comm) (23 March 2007)

Nomura International Plc v Granada Group Ltd & Ors [2007] EWHC 642 (Comm) (23 March 2007)

Nomura was not in a position at the time of issuing its claim form to identify any specific act of negligence, breach of duty, or breach of contract by Granada, nor could it formulate a valid claim without waiting for West LB's particulars. Issuing the claim form solely to protect limitation, without a known basis for the claim, constituted an abuse of process. The only appropriate sanction is to strike out the proceedings.

Citation
[2007] EWHC 642 (Comm)
Parties
Claimant: Nomura International PLC; Defendant: Granada Group Limited; Defendant: Granada Limited; Defendant: Granada UK Rental and Retail Limited; Defendant: UK Consumer Electronics Limited; Defendant: Granada Media Limited
Jurisdiction
England and Wales
Judgment Date
23 March 2007
Procedural Posture
Commercial Court Application / Application to Strike Out Claim Form
Outcome
Claim struck out as abuse of process
Legal Topics
Abuse of Process, Limitation, Strike Out, Contribution Claims, Negligence, Contract
Civil Procedure Commercial Law Abuse of Process Limitation Strike Out Contribution Claims Negligence Contract

Case Brief

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Parties

Nomura International PLC

Claimant

Granada Group Limited

Defendant

Granada Limited

Defendant

Granada UK Rental and Retail Limited

Defendant

UK Consumer Electronics Limited

Defendant

Granada Media Limited

Defendant

Procedural Posture

Commercial Court Application / Application to Strike Out Claim Form

Legal Issues

  1. 1 Whether issuing a claim form without sufficient grounds or intention to prosecute constitutes abuse of process
  2. 2 Whether Nomura had a valid basis for its claim against Granada at the time of issuing the claim form

Ratio Decidendi

Nomura was not in a position at the time of issuing its claim form to identify any specific act of negligence, breach of duty, or breach of contract by Granada, nor could it formulate a valid claim without waiting for West LB's particulars. Issuing the claim form solely to protect limitation, without a known basis for the claim, constituted an abuse of process. The only appropriate sanction is to strike out the proceedings.

Court Disposition

Claim struck out as abuse of process

Orders

  • Nomura's claim form against Granada is struck out
  • Nomura is deprived of any advantage gained by issuing the claim form to protect limitation