This site uses cookies.

PI Brief Update

Three strikes, you’re still in? What Fairclough Homes Ltd v Summers [2012] UKSC 26 tells us about fraud - David Sawtell, 4 King's Bench Walk

18/09/12. The significance of Fairclough Homes Ltd v Summers [2012] UKSC 26 lies not in the decision that the Supreme Court reached but in the approach to abuse of process that it approved. At the end of a trial, where it is possible to make a fair award of damages in favour of a claimant, it is deeply unlikely that the court will strike out the entire claim as an abuse of process. Viewed on its own facts, then, the progress from Ul Haq v Shah [2009] EWCA Civ 542, where it was said that it was not possible to strike out a claim in this way, is glacial. Instead, it is the encouragement that the Supreme Court gave to litigants faced with other scenarios that will affect personal injury practice.

Image cc flickr.com/photos/gareth1953/6316198474/

Read more (PIBULJ subscribers only)...


Go back to previous page

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.

Privacy Policy                 Legal Resources

© Copyright Law Brief Publishing Ltd, all rights reserved.
Published by Law Brief Publishing Ltd, company number 05966609, registered in the UK. Registered office address: 30 The Parks, Minehead, Somerset, TA24 8BT.

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.