Description
A second action making claims similar to those made in an earlier action was an abuse of process where the first action had ultimately been struck out on the merits.
It was held that the particulars of claim mirrored those of the first action, so were an abuse of process unless there was proper justification for commencing the instant action. The first action was ultimately struck out on the merits. Consequently, the instant action was an abuse of process and the particulars of claim would be struck out and the claim dismissed.
In refusing an application to strike out a claim for damages for occupational asbestos exposure for abuse of process, a Master had not erred in concluding that alleged failings in the conduct of the claim by the late Claimant's solicitor would not prejudice a fair trial of the issue of causation because of a clear diagnosis of asbestosis during the Claimant's lifetime.
