Awan & Ors v EMW Law & Anor

The application to vary the order is an abuse of process as the issue was already determined on appeal and could have been raised at multiple earlier stages. The second set of proceedings is also an abuse of process as it seeks to relitigate the same issues for a tactical purpose, undermining the finality of litigation.

Parties: Claimant: Awan & Ors; Defendant: Mssrs EMW Law & Anor
Jurisdiction: England and Wales
Judgment Date: 31 March 2023
Procedural Posture: Civil / Application to Vary Order and Application for Extension of Time; Post Appeal, Post Strike Out
Outcome: Applications dismissed; both claims struck out as abuse of process.
Legal Topics: Abuse of Process, Relief From Sanctions, Extension of Time, Strike Out, Finality of Litigation

Civil Procedure Abuse of Process Relief From Sanctions Extension of Time Strike Out Finality of Litigation

Case Brief

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Parties

Awan & Ors

Claimant

Mssrs EMW Law & Anor

Defendant

Procedural Posture

Civil / Application to Vary Order and Application for Extension of Time; Post Appeal, Post Strike Out

Legal Issues

1 Whether the application to vary the order is an abuse of process
2 Whether the second set of proceedings constitutes an abuse of process
3 Whether time for service in the second proceedings should be extended

Ratio Decidendi

Court Disposition

Applications dismissed; both claims struck out as abuse of process.

Orders

Application to vary the order is dismissed as totally without merit and an abuse of process.
Second set of proceedings is struck out as an abuse of process; extension of time for service refused.