Practice and procedure – Claim – Strike out – Abuse of process
The Court of Appeal has dismissed a long-running case brought against housebuilder David Wilson Homes (DWH). Developer Phillip Jeans, through his company Harbour Castle Ltd (HCL), has been suing DWH…
Chad Sutton considers the options available to developers when faced with a planning refusal
Civil procedure – Expert evidence – Abuse of process – Claimant bringing action against defendant bank alleging undervaluation of property – Claimant obtaining expert report – Expert subsequently withdrawing from…
Civil practice and procedure Abuse of process
Civil procedure Abuse of process
Civil procedure – Res judicata – Abuse of process – Appellant bringing successful claim for possession of property against defendants including first respondent’s father and second respondent – Respondents bringing…
Tort Abuse of process
Tort – Abuse of process – Malicious prosecution – Respondent insurer seeking damages against appellant surveyors alleging fraud and conspiracy in respect of property repairs – Appellants counterclaiming for balance…
Tort Abuse of process Judicial review Alleged collateral or improper purpose in seeking judicial review of planning permission for development Developer bringing claim for damages …
Town and country planning – Planning permission to retain house subject to condition relating occupancy to equestrian facilities to be built on-site – Non-compliance with condition – Application for lawful…
Town and country planning – Abuse of process