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Abuse of process

Practical Law UK Glossary 3-205-5094 (Approx. 3 pages)

Glossary

Abuse of process

Abuse of legal procedure, that is, "a use of the court process for a purpose or in a way which is significantly different from the ordinary and proper use of the court process" (Attorney General v Barker [2000] EWHC 453 (Admin)). For example, bringing a frivolous or vexatious action, or issuing proceedings seeking judgment on a claim or an issue which has already been decided (or should have been decided) by a competent court. For more information, see Practice notes, Strike out: an overview: Abuse of process (CPR 3.4(2)(b) and Preventing subsequent litigation: res judicata and abuse of the court process.
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Resource ID 3-205-5094
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