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GLOSSARY

Abuse of process definition

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What does Abuse of process mean?

There is an abuse of process where the prosecutor can be said to have manipulated or misused the rules of procedure or where inordinate delay has prejudiced the defendant to a situation where a fair trial is no longer possible.

In abuse of process applications it is the defence that bear the burden of establishing abuse on the balance of probabilities (Telford Justices, ex parte Badhan [1991] 2 QB 78). Where there has been a delay in proceedings, the question is whether the defendant can show that the delay means a fair trial is no longer possible. The procedure to be followed when making an application to stay proceedings on the grounds of abuse of process is contained the Consolidated Criminal Practice Direction, para IV.36 and suggests the usual time to make this application is at the plea and case management hearing.

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Considerations when dealing with litigants in person鈥攃hecklist

Considerations when dealing with litigants in person鈥攃hecklist Issue Comment Link to Lexis+庐 UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative鈥檚 paramount duty is to the court and to the administration of justice. Subject to that, the legal representative鈥檚 duty is to the client. Practice Note: Litigants in person鈥攇eneral considerations, resources and regulators' guidanceThe Law Society鈥擫itigants in person: guidelines for lawyers, paras 7鈥�9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person鈥檚 behalf. Practice Note: Litigants in person鈥攇eneral considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society鈥擫itigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

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Ending a claim鈥攃hecklist

Ending a claim鈥攃hecklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction鈥攖he court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction鈥攐verview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction鈥攇eneral principlesChallenging court jurisdiction鈥攈as a party submitted to a jurisdiction?Challenging court jurisdiction鈥攁pplication under CPR 11 (timing and extensions of time)Challenging court jurisdiction鈥攁pplication under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...

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Abuse of process in criminal proceedings

This Practice Note considers abuse of process in criminal proceedings. It explains the two main limbs of abuse of process and sets out some examples of when an abuse may arise. For detailed guidance on how the below principles apply in the context of private prosecutions, see Practice Note: Abuse of process in private prosecutions.The procedure for making an application to stay proceedings due to abuse of process is governed by Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, r 3.28. For more information, see Practice Note: Abuse of process procedure and Application to stay on the grounds of delay鈥攃hecklist.Staying a prosecution for abuse of processThe principle of abuse of process is founded on the fact that there should be a fair trial according to the law that is fair to both the defendant and the prosecution. The courts have an overriding duty to promote justice and prevent injustice. From this duty arises an inherent power to stay an indictment (or stop a prosecution in the magistrates' court) if the...

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Abuse of process procedure

For an explanation of when abuse of process applications may arise in criminal proceedings, see Practice Note: Abuse of process in criminal proceedings.The application procedure for making an abuse argument is governed by the Criminal Procedure Rules 2020 (CrimPR), SI 2020/759. The burden of proof is on the applicant, on the balance of probabilities, to show that there has been some impropriety in the decision to prosecute or the manner in which the prosecution has been proceeded which means that either a fair trial is no longer possible (the first limb) or it is no longer fair to try the accused (the second limb).Evidence can be called by both the defence and prosecution. The prosecution is under an obligation to disclose relevant unused material. The judge will make a determination on this evidence.Any challenge of a ruling made following an abuse argument in the magistrates鈥� court would be made in the High Court by way of judicial review or in the Crown Court by way of rehearing.A decision in the...

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Witness statement in support of application for strike out on the basis of abuse of process

Witness statement in support of application for strike out on the basis of abuse of process Filed on behalf of the defendant Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST between: [insert name]聽聽聽聽聽聽聽聽Claimant and [insert name]聽聽聽聽聽聽聽聽Defendant _______________________________________ [NUMBER OF WITNESS STATEMENT EG FIRST] witness statement of [insert name of witness] On behalf of the DEFENDANT _______________________________________ I, [Insert full name of witness] of [insert address] will say as follows: 1 I am [set out position of...

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Order for strike out on the basis of abuse of process [Archived]

Order for strike out on the basis of abuse of process [Archived] ARCHIVED: This Precedent has been archived and is no longer maintained. For guidance on creating a draft order for an interim application, see Practice Note: Creating a draft order for an interim application. Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] Between [insert name]聽聽聽聽聽聽聽聽Claimant / [Applicant OR Respondent] and [insert name]聽聽聽聽聽聽聽聽Defendant / [Applicant OR

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Does a defendant have to pay fixed commencement costs and the issue fee if the debt is paid between the issue and service of proceedings?

Does a defendant have to pay fixed commencement costs and the issue fee if the debt is paid between the issue and service of proceedings? Once proceedings have started, section 51(1) of the Senior Courts Act 1981 applies. The effect of this is that, subject to any rules of court, the costs of and incidental to the proceedings are within the court鈥檚 discretion. Pursuant to CPR 7.2, proceedings are commenced for the purposes of the CPR and associated costs and procedural rules upon issue of the claim form. For further details, see: Starting a claim or counterclaim鈥攐verview. If the only claim is for a specified sum of money and the defendant pays the money claimed within 14 days after being served with the particulars of claim and the fixed commencement costs stated in the claim form, the defendant will not be liable for any other costs unless the court orders otherwise (CPR 45.4). The question is whether a similar rule applies where a claim is abandoned...

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There are a number of investors in relation to a property development project. Some of the investors have commenced a claim against the developer and have decided to apply for a summary judgment. They are suggesting that any other investors wishing to join should do so after the summary judgment is granted, as applying to join now would slow down the summary judgment process. Is such a post summary judgment joinder application possible? How would the new claimant benefit from joining a claim, where a summary judgment has already been granted without their involvement?

There are a number of investors in relation to a property development project. Some of the investors have commenced a claim against the developer and have decided to apply for a summary judgment. They are suggesting that any other investors wishing to join should do so after the summary judgment is granted, as applying to join now would slow down the summary judgment process. Is such a post summary judgment joinder application possible? How would the new claimant benefit from joining a claim, where a summary judgment has already been granted without their involvement? Where there are multiple potential claimants it is commonly the case that their individual causes of action which arise out of the same set of facts will be joined together in order to prevent courts coming to different decisions on the facts and to save court time. This may be done by all of the claimants issuing the claim, or for numerous of them to issue their individual claims and for them then to...

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Dispute Resolution weekly highlights鈥�3 July 2025

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Hague Judgments Convention coming into force for the UK and the Court of Appeal decision in AmTrust Specialty Ltd v Endurance Worldwide Insurance Ltd (disclosure scheme in the Business and Property Courts); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

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When a winding up may be restrained where an arbitration agreement features (Aryan v Pure Group)

Arbitration analysis: The court restrained a winding up application by giving effect to a bare and confusing arbitration clause, adopting the principle of effective interpretation of arbitration agreements. It declined to consider if the Sian Participation test should apply in Singapore. Written by Devathas Satianathan, partner at Rajah & Tann Singapore LLP.

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