Abuse of process: robust case management guidance from Court of Appeal

In Stuart v Linde and others [2008] EWCA Civ 2, the Court of Appeal allowed an appeal against a decision striking out a claim on the ground that it was an abuse of process. The issue in the case was whether it was an abuse of process to bring a second action against the same defendant on the basis that all claims should have been brought in the first action. The Court of Appeal held that in the unusual circumstances of this case, the second action was not an abuse of process.

Building on the dicta of Thomas LJ in Aldi Stores Limited v WSP Groups & Ors [2007] EWCA Civ 1260, the Court warned claimants in similar situations that the approach of the court is to require a "cards on the table approach". Careful consideration should be given as to whether it is necessary to inform the defendant and court of such issues, in order to allow the court to give directions on how such matters should be addressed.