June 27th, 2024 by James Goudie KC

In TINKLER v ESKEN (2024) EWHC 1490 (Ch) the defendant succeeded in an application to strike out a claim. The claim alleged an unlawful means conspiracy. It raised the same or very similar issues as those raised between the same parties in an earlier fraud claim. The strike out succeeded on two bases. First, the claimant had previously admitted that the conspiracy claim was parasitic on the fraud claim and that it would be an abuse of process for him to proceed with it if the fraud claim failed. A party can be bound by an admission of law in the same way that they could be bound by an admission of fact. To allow him to withdraw the admission would significantly prejudice the defendant and would not be in the administration of justice. Second, in any event, the conspiracy claim would be struck out as a collateral attack on the findings made in the fraud judgment. This was an abuse contrary to the HENDERSON v HENDERSON principle.

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