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Strike out for premature issue of claim form
Practical Law UK Legal Update Case Report 9-242-0962 (Approx. 4 pages)
Strike out for premature issue of claim form
by PLC Dispute Resolution
In Nomura International Plc v Granada Group Limited and others [2007] EWHC 642 (Comm) Mr Justice Cooke struck out the claim as an abuse of process. It is an abuse of process for the claimant to issue a claim form in an attempt to prevent the limitation period from expiring when it is unable to properly formulate a claim against the defendant. There is no other remedy other than strike out in such circumstances.
This case is an example of where the court will exercise its discretion to strike out a claim as an abuse of process under CPR 3.4(2)(b).
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Resource ID 9-242-0962© 2024 Thomson Reuters. All rights reserved.
Published on 28-Mar-2007
Resource Type Legal update: case report
Jurisdictions
Related Content- England
- Wales