Land Securities Plc & Ors v Fladgate Fielder (A Firm)

Land Securities Plc & Ors v Fladgate Fielder (A Firm)

The tort of abuse of process does not extend to judicial review proceedings for which the court has granted permission, particularly where the damages claimed are for general economic loss outside the established categories. The claimants' case has no real prospect of success as the alleged collateral purpose was not sufficiently distinct from the legitimate interest in the proceedings, and the law does not support recovery of such damages in these circumstances.

Parties
Appellant: Land Securities PLC; Appellant: LS Wilton Plaza Limited; Appellant: LS Park House Limited; Respondent: Fladgate Fielder (A Firm)
Jurisdiction
England and Wales
Judgment Date
18 December 2009
Procedural Posture
Civil Appeal / Appeal From Summary Judgment (chancery Division) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Malicious Prosecution, Judicial Review Proceedings, Planning Law, Damages for Economic Loss
Tort Law Civil Procedure Judicial Review Abuse of Process Malicious Prosecution Judicial Review Proceedings Planning Law Damages for Economic Loss

Case Brief

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Parties

Land Securities PLC

Appellant

LS Wilton Plaza Limited

Appellant

LS Park House Limited

Appellant

Fladgate Fielder (A Firm)

Respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Does the tort of abuse of process extend to judicial review proceedings for which permission has been granted?
  2. 2 Is general economic loss recoverable as damages for abuse of process in the context of judicial review?
  3. 3 What is the scope and application of the tort of abuse of process in English law?

Ratio Decidendi

The tort of abuse of process does not extend to judicial review proceedings for which the court has granted permission, particularly where the damages claimed are for general economic loss outside the established categories. The claimants' case has no real prospect of success as the alleged collateral purpose was not sufficiently distinct from the legitimate interest in the proceedings, and the law does not support recovery of such damages in these circumstances.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Summary judgment for the defendants (respondents) is upheld.