Abuse of process meaning

Test for delay A stay is an exceptional measure, invoked only as a last resort. The court will stay proceedings only if it is satisfied, on the balance of probabilities, that delay means a fair trial cannot take place. In this context, two principal bases can justify a stay: the defendant can no longer have a fair trial it is not fair for the defendant to be tried at all The burden is on the defendant to show, on the balance of probabilities, that a fair trial is no longer achievable. Even if delay is proved, the judge retains a discretion to refuse a stay where the trial’s fairness can be protected by appropriate case management...

For general guidance on summary judgment and strike out, please consult: Summary judgment and strike out—overview. For targeted direction on answering an application for summary judgment or strike out, also see Practice Note: Strike out and summary judgment applications—how to respond. Amendments to CPR Part 24 and CPR PD 24—1 October 2023 Practitioners should be aware that the CPR provisions concerning summary judgment changed with effect from 1 October 2023. CPR Part 24 was replaced and CPR PD 24 was withdrawn. These revisions were designed to streamline the rules and therefore do not materially affect the substantive law or practice. The numbering and placement of certain provisions has altered. Consequently, authorities issued before the 1 October 2023 amendments may still refer to the former provisions and numbering. References in this Checklist are to the current wording of CPR Part 24 as now in force...

This Checklist should be read alongside Practice Notes: Mutual legal assistance (MLA) and Grounds for refusing assistance by the requested authority... The Letter of Request (LOR) Requests from the UK for mutual legal assistance (MLA) are made through a formal letter of request (LOR). Under the Crime (International Co-operation) Act 2003 (C(IC)A 2003), the UK judicial authorities that may seek assistance are any judge or justice of the peace in England and Wales. A prosecution authority designated by an order of the Secretary of State may likewise request assistance where the conditions in C(IC)A 2003, s 7(5) are fulfilled: it appears to the authority that an offence has been committed there are reasonable grounds for suspecting that an offence has been committed, and the authority has instituted proceedings in respect of the offence in question or the offence is being investigated Issuing authority When considering the LOR itself, ask: Was the LOR issued by a judge...

In this issue: Trusts Court of Protection UK taxes for Private Client HMRC Manuals updates Insolvency—Private Client Charity and philanthropy Contentious trusts and estates Scotland, Wales and Northern Ireland International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&A Useful information Trusts Companies House publishes guidance on removal of overseas entities from register Companies House has issued guidance setting out the process for taking an overseas entity off the Register of Overseas Entities. It applies where the entity no longer holds registered title to UK land or property acquired on or after 1 January 1999 in England and Wales, 8 December 2014 in Scotland, and 5 September 2022 in Northern Ireland. The guidance confirms the entity must have disposed of all UK property or land, and the transfer of ownership...

Watford Control Instruments Ltd v Brown [2024] EWHC 1125 (Ch) What are the practical implications of this case? This judgment is notable for addressing the infrequently used basis for striking out proceedings for want of prosecution. It observes that the principal and best-known authority on the point, the House of Lords decision in Grovit v Doctor [1997] 1 WLR 640, predates the CPR. So too does a further case on the appropriate sanction when such want of prosecution is established, Board of Governors of the National Heart and Chest Hospital v Chettle (1998) 30 HLR 618. Nevertheless, the court confirms that the principles articulated in those authorities remain good law and have not been displaced by the advent of the CPR. Where the court is satisfied a claimant has ‘warehoused’ the case—issuing it, taking no steps to advance it, yet keeping it alive so it can be pursued later—and that this constitutes an abuse of process, the orthodox sanction is to strike out the claim. The judgment thereby...

In this issue: Practice and procedure Private children Costs International children Daily and weekly news alerts Updated content Useful information Practice and procedure What are the implications of the FJC guidance on covert recordings in children proceedings? The Family Justice Council (FJC) has issued its definitive guidance on covert recordings in family cases concerning children. Amy Baugh, associate at Steele Raymond LLP, outlines the core principles for courts and practitioners, how best to advise clients who have made clandestine recordings, the dangers of drawing such material to the court’s attention, and the process for applying to rely on it, in What are the implications of the FJC guidance on covert recordings in children proceedings? Anonymisation of parents' names in care proceedings (A Local Authority v X and others) In A Local Authority v X and others [2025] EWFC 126, the Family Court addressed the anonymisation of parents’ names in published judgments arising from care...

PI & Clinical negligence horizon scanner—July 2025 [Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. MoJ announces reduction in CFO’s interest rates The Ministry of Justice (MoJ) has announced lower interest rates for the Courts Funds Office’s (CFO) special and basic accounts...

This Practice Note explores the scope of the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) to seek court-ordered restitution under section 382 of the Financial Services and Markets Act 2000 (FSMA 2000). It further addresses the FCA’s ability to obtain a court restitution order for market abuse under section 383. It also reviews the administrative powers of the FCA, PRA and the Bank of England in relation to financial market infrastructures (FMIs) to compel restitution on their own initiative under section 384. The Note explains how these powers are used in practice, offers examples, and summarises relevant case law. It reflects updates to the FCA’s Enforcement Guide (ENFG), which replaced the former Enforcement Guide (EG) for investigations opened on or after 3 June 2025, and cross-refers to legacy guidance in EG 11 for earlier investigations. Unless otherwise stated, statutory references to sections are to FSMA 2000. Key points The FCA’s enforcement strategy prioritises delivering redress to consumers who have suffered loss; in 2024/2025...

This month features a standstill and hold separate order by the Belgian Competition Authority against Proximus for a non-notifiable acquisition under abuse of dominance rules; amendments to Morocco’s merger control thresholds; the publication of draft Swiss legislation introducing, amongst other measures, a new exemption from the notification obligation; and the Federal Trade Commission in the USA proposing changes to the pre‑merger notification form and process. Belgian—BCA imposes standstill and hold separate order under abuse of dominance rules In our March 2023 monthly merger update, we noted that the Belgian Competition Authority (BCA) had launched an ex post investigation, based on abuse of dominance rules, into Proximus, the incumbent Belgian telecoms operator, following its recent acquisition of EDPnet. The transaction did not meet Belgian merger control thresholds owing to EDPnet’s turnover. This move follows the Court of Justice’s Towercast judgment of 16 March 2023, which confirmed that concentrations below merger thresholds can be subjected to ex post scrutiny for abuse of dominance. Towercast therefore recognises an additional path...

Confidential Important Notice Memorandum No. [ ________ ] provided to [ _____________________ ]. This memorandum has been compiled by [ insert name of seller ] (the Seller ) with support from [ insert name of financial adviser ] [ (the Financial Adviser ) ], in relation to a potential sale by the Seller of [ insert description of the business or assets to be sold, eg 'the business of XYZ Ltd' or, in the case of a sale of a company, 'the issued share capital of XYZ Ltd' ] (the Proposed Transaction ). It is supplied for information purposes only to a restricted number of potential buyers (each a Recipient ) and is provided solely to assist them in deciding whether they wish to pursue a further investigation of [ XYZ Ltd ]. This memorandum is not intended to constitute the basis of an investment decision or of any decision to enter into a transaction with the Seller...

ARCHIVED: This Precedent is archived and is no longer supported. For help with preparing a draft order for an interim application, refer to Practice Note: Creating a draft order for an interim application. Claim No. [ insert claim number ]...

‘specimen’ dealing code This Precedent is a memorandum outlining the particulars of the ‘specimen’ dealing code. The specimen dealing code is the outcome of an industry-led development of codes, guidance and best practice prepared by The Chartered Governance Institute (formerly known as ICSA: The Governance Institute), GC100, the Quoted Companies Alliance and other market participants, who collectively agreed that it would be of considerable benefit for listed and quoted companies to be able to turn to an equivalent version of the Financial Conduct Authority’s (FCA) Model Code. As a consequence of the implementation of the Market Abuse Regulation (EU) No 596/2014 on 3 July 2016, the FCA deleted the Model Code. Companies with a former premium listing of equity shares were required to comply with the Model Code, which restricted persons discharging managerial responsibilities (PDMRs) from dealing in the companies’ securities. The working assumption is that listed companies will apply the dealing code to PDMRs and to those other individuals whom they wish to be covered by the company’s...