Nomura International Plc v Granada Group Ltd & Ors

Nomura International Plc v Granada Group Ltd & Ors

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

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 / Ruling on Application to Strike Out Claim Form
Outcome
Claim Form struck out as an abuse of process
Legal Topics
Abuse of Process, Limitation of Actions, Striking Out, Contribution Claims
Civil Procedure Commercial Law Abuse of Process Limitation of Actions Striking Out Contribution Claims

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 / Ruling on Application to Strike Out Claim Form

Legal Issues

  1. 1 Whether the issuance of the Claim Form by Nomura was an abuse of process for lack of intention to prosecute and absence of a valid basis for the claim
  2. 2 Whether striking out is the appropriate remedy for such abuse

Ratio Decidendi

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

Court Disposition

Claim Form struck out as an abuse of process

Orders

  • Granada's application to strike out succeeds; Nomura's application for extension of time for service of Particulars of Claim is not considered; costs to follow the event, subject to further submissions if not agreed.