Watson & Anor v Irwin Mitchell (a firm)

Watson & Anor v Irwin Mitchell (a firm)

The second action is duplicative of the first action, raises no truly new issues, and amounts to an abuse of the process of the court. All claims in the second action are capable of being pursued in the first action, subject to compliance with court requirements.

Parties
Claimant: Frederick Watson; Claimant: Jean Margaret Watson; Defendant: Irwin Mitchell (a firm)
Jurisdiction
England and Wales
Judgment Date
11 March 2009
Procedural Posture
Civil / Application to Strike Out Action
Outcome
Action struck out as abuse of process
Legal Topics
Abuse of Process, Duplicative Proceedings, Limitation Periods, Pleadings, Professional Duty
Civil Procedure Professional Negligence Abuse of Process Duplicative Proceedings Limitation Periods Pleadings Professional Duty

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Parties

Frederick Watson

Claimant

Jean Margaret Watson

Claimant

Irwin Mitchell (a firm)

Defendant

Procedural Posture

Civil / Application to Strike Out Action

Legal Issues

  1. 1 Whether the second action is an abuse of process due to duplication of issues already before the court in the first action
  2. 2 Whether the second action breaches the order of Master Eyre dated 15 October 2005

Ratio Decidendi

The second action is duplicative of the first action, raises no truly new issues, and amounts to an abuse of the process of the court. All claims in the second action are capable of being pursued in the first action, subject to compliance with court requirements.

Court Disposition

Action struck out as abuse of process

Orders

  • The action is struck out.
  • Claimants to pay the defendants’ costs of today, assessed summarily at £2,000.