Knight v Sage Group Plc [2002] EWCA Civ 811 (7 May 2002)

Knight v Sage Group Plc [2002] EWCA Civ 811 (7 May 2002)

The application was dismissed because there was no real prospect of success in setting aside the order, as the claim was an attempt to re-litigate matters already decided and the restraining order was justified by the litigation history.

Source-derived case information.

Citation
[2002] EWCA Civ 811
Parties
Applicant: Miriam Knight; Respondent: Sage Group plc
Jurisdiction
England and Wales
Judgment Date
07 May 2002
Procedural Posture
Application for Permission to Appeal / Court of Appeal (civil Division)
Outcome
Application dismissed
Legal Topics
Abuse of Process, Striking Out Proceedings, Restraining Orders, Setting Aside Orders
Civil Procedure Abuse of Process Striking Out Proceedings Restraining Orders Setting Aside Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Miriam Knight

Applicant

Sage Group plc

Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the order striking out the proceedings and imposing a restraining order should be set aside
  2. 2 Whether there was any real prospect of success in the application to set aside

Ratio Decidendi

The application was dismissed because there was no real prospect of success in setting aside the order, as the claim was an attempt to re-litigate matters already decided and the restraining order was justified by the litigation history.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed