Hussein v William Hill [2006] EWHC 25 (QB) (20 January 2006)

Hussein v William Hill [2006] EWHC 25 (QB) (20 January 2006)

The claim was struck out as an abuse of process because it sought to relitigate issues conclusively determined in previous proceedings, and was brought to harass the defendant and achieve collateral advantage, not to vindicate reputation.

Citation
[2006] EWHC 25
Parties
Claimant: Mr Sayed Hussein; Defendant: William Hill
Jurisdiction
England and Wales
Judgment Date
20 January 2006
Procedural Posture
Defamation (slander and Libel) / Pre Trial Review; Application to Strike Out Claim as Abuse of Process
Outcome
Claim struck out as abuse of process
Legal Topics
Abuse of Process, Res Judicata, Justification Defence, Collateral Attack, Jury Trial, Damages
Civil Procedure Defamation Abuse of Process Res Judicata Justification Defence Collateral Attack Jury Trial Damages

Case Brief

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Parties

Mr Sayed Hussein

Claimant

William Hill

Defendant

Procedural Posture

Defamation (slander and Libel) / Pre Trial Review; Application to Strike Out Claim as Abuse of Process

Legal Issues

  1. 1 Whether the claimant's action constitutes an abuse of process by seeking to relitigate issues already determined in previous proceedings
  2. 2 Whether parts of the claimant's pleadings should be struck out as irrelevant or previously determined
  3. 3 Whether references to 'criminal intimidation' constitute a cause of action

Ratio Decidendi

The claim was struck out as an abuse of process because it sought to relitigate issues conclusively determined in previous proceedings, and was brought to harass the defendant and achieve collateral advantage, not to vindicate reputation.

Court Disposition

Claim struck out as abuse of process

Orders

  • Claim struck out in its entirety as an abuse of process
  • Relevant passages of the claimant's pleadings struck out