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.
Subscribe
Get an email when we publish a new post on this blog. We’ll never share your email and you can unsubscribe any time. Our use of your details is explained in ourĀ privacy policy.
"*" indicates required fields
Headings
- Best Value (13)
- Capital Finance and Companies (54)
- Council Tax and Rates (73)
- Decision making and Contracts (262)
- Elections and Bylaws (32)
- Environment, Highways and Leisure (117)
- General (17)
- Housing (145)
- Human Rights and Public Sector Equality Duty (104)
- Judicial Control, Liability and Litigation (217)
- Land, Goods and Services (72)
- Local Authority Powers (73)
- Non Judicial Control (21)
- Planning and Environmental (151)
- Social Care (74)
- Standards (23)
Disclaimer
This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.
11KBW, 11 King’s Bench Walk, Temple, London EC4Y 7EQ | Tel: 020 7632 8500
Privacy | Terms & Conditions | © 11KBW 2024
Privacy | Terms & Conditions | © 11KBW 2024