Wednesday, 27 June 2012
The Supreme Court has just handed down a unanimous decision in Fairclough Homes v Summers. Can a genuine claimant who dishonestly inflates a claim be struck out for abuse of process under CPR3.4 ? Yes , and even after trial, BUT the court could not come up with a single hard example of where this would be a proportionate response and the judgment fizzled out with an allusion to a massive attempt to deceive the defendant . It is just not going to happen , ever.Forget it. I have a 900 word article about this in the 'New Law Journal' which is published tomorrow.