Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Abuse of process definition

What does Abuse of process mean? Abuse of process describes court intervention to prevent or control proceedings that misuse procedural rules, make a fair trial impossible, or undermine the integrity of justice. It is not defined by statute; it derives from courts’ inherent jurisdiction and case law across the UK and Ireland. Typical examples include: manipulation of procedure by a prosecutor or claimant; inordinate or oppressive delay that has prejudiced the defendant so a fair trial is no longer possible; using proceedings for a collateral or ulterior purpose; vexatious or duplicative claims; collateral attacks on earlier judgments; and state misconduct undermining the court’s process. Remedies,...

When can you present a winding-up petition on a disputed debt? Principles, cross-claims, solvency, arbitration clauses, exceptional cases, and case management directions (England and Wales)

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Practice Note

It has long been settled that a winding-up should not be set in motion where the petition debt is genuinely and substantially in dispute. Should an alleged creditor nonetheless try to proceed, the court may rely on its inherent jurisdiction to prevent a petition being presented. Moreover, treating the winding-up court as a tool for chasing debts amounts to an Abuse of process. Yet there remains controversy over what amounts to a ‘genuine dispute’. This Practice Note reviews scenarios in which petition debts have been challenged and identifies key principles that emerge from the authorities and recent case law guidance and relevant commentary...

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Kate Rogers

Radcliffe Chambers

Kate undertakes a broad spectrum of commercial litigation whilst specialising in insolvency. She regularly appears in both the High Court and the County Court, with significant trial and injunctive advocacy experience. Kate’s insolvency practice encompasses, sham transactions; transactional avoidance; preference payments; defrauding creditors; trust deeds; declaratory relief; income payments orders; enforcement; contested winding up proceedings; administration orders; and injunctive relief, both in respect of freezing orders and in respect of the presentation/advertisement of winding up petitions. This includes proceedings in which there is a foreign jurisdictional element and in which it is necessary to advise on the cross-boarder part of the claim. In addition, Kate has experience of the law of receivership, the appointment of receivers, and their duties. She has successfully acted for receivers in claims brought against them and in obtaining injunctive relief. ...

Web page updated on 21/05/2026

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