England and Wales Case Law

Ferdi Colak v Government of Türkiye

Permission to appeal is granted solely on the narrow issue of whether the Yalvac Assurances must address the Appellant’s guaranteed retrial rights (including in-person attendance and personal space) to satisfy Article 3 ECHR, as it is reasonably arguable that such assurances are legally necessary. Permission is refused on all other grounds, as the Judge’s findings on discrimination, abuse of process, and mental health oppression were not arguably wrong nor undermined by fresh evidence.

Source excerpt

• Article 3 echr
• Article 6 echr
• Mental health and extradition
• Specialty principle
• Abuse of process
• Discrimination (ethnicity, religion, political opinion)

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Loudmila Bourlakova & Ors v The Estate of Oleg Bourlakov & Ors

The High Court refused a claimants’ application to stop the estate’s representative pursuing a Ukrainian matrimonial property regime defence and counterclaim.

• Cpr part 19.12 representative
• Case management
• Abuse of process
• Parallel proceedings
• Matrimonial property regime
• Civil-procedure

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Jacqueline Frances Gomes & Anor v AMG Financial Management Limited & Ors

The High Court dismissed the claim against Mr Mandelli, holding the pleaded facts did not show he personally assumed responsibility to the Claimants.

• Strike out under cpr 3.4
• Summary judgment under cpr 24
• Assumption of responsibility
• Duty of care
• Pre-action protocol
• Extension of time

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Simon Halabi v Michael Gaymer

Appeal against a non-party costs order dismissed. The High Court held Mr Halabi was entitled to be treated as the real party to the litigation and that personal benefit could be non-financial.

• Non-party costs orders
• Real party to litigation
• Director liability for costs
• Abuse of process
• Appellate review of discretion
• Non-party-costs-orders

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Neil Spurgeon & Ors v Capita PLC

There is no abuse of process in the claimants' lawyers formulating particulars of damage using generic or evaluative language, provided each claimant has assented to the pleading and believes in the facts stated. The process adopted, while open to criticism regarding clarity and the use of certain terms, does not justify the draconian remedy of striking out all claims. Any issues as to the accuracy, credibility, or effect of the pleadings are to be addressed by clarification, amendment, or at trial, not by summary disposal.

Source excerpt

• Abuse of process
• Strike out applications
• Statements of truth
• Damages for data breach
• Pleading standards

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Muhammad Osama Khan v Aviva Insurance Limited

The District Judge was entitled to make a costs order as the application to transfer to Part 7 at Stage 3 was not provided for in the Protocol or fixed costs regime, and such costs are at large and recoverable in the usual way. The DDJ did not make a costs order under CPR 44.11 for unreasonable conduct, but was correct to make a standard costs order. The Defendant's appeal is dismissed.

Source excerpt

• Jurisdiction for costs orders
• Fixed costs regime
• Abuse of process
• Personal injury claims
• Road traffic accident protocol

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Soundwave Studios Music Group Ltd v Visage Group Management Ltd

The High Court restrained presentation of a winding-up petition because the statutory demand was genuinely disputed, including over total failure of consideration and cross-claims.

• Statutory demand
• Failure of consideration
• Set-off and counterclaim
• Abuse of process
• Multi-contract disputes
• Statutory-demand

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Soundwave Studios Music Group Ltd v Visage Group Management Ltd

Soundwave Studios Music Group Ltd v Visage Group Management Ltd [2026] EWHC 1068 (Ch) (21 May 2026)

The High Court restrained a winding-up petition, finding a genuine and substantial dispute over whether a music production contract had totally failed in consideration.

• Statutory demand
• Failure of consideration
• Set-off and counterclaim
• Abuse of process
• Restitutionary claims
• Multi-contract relationships

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De Giovanni v Kehoe & Ors

De Giovanni v Kehoe & Ors [2026] EWHC 1136 (KB) (13 May 2026)

Defamation claims over a Londoner article led to set-aside, strike-out, and jurisdiction issues. The court set aside default judgment, struck out the County Court claim, and set aside the High Court claim form.

• Default judgment
• Service of process
• Abuse of process
• Jurisdiction
• Strike out applications
• Defamation

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Bargain Busting Ltd v Shenzhen SKE Technology Company Ltd & Ors (Re Consequential Matters)

Bargain Busting Ltd v Shenzhen SKE Technology Company Ltd & Ors (Re Consequential Matters) [2026] EWHC 1146 (Ch) (13 May 2026)

The High Court ordered indemnity costs, detailed assessment, and £215,000 on account after finding the contempt claim was pursued out of the norm.

• Costs (indemnity and standard basis)
• Abuse of process
• Criminal contempt
• Professional conduct (sra code)
• Permission to appeal
• Indemnity-costs

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