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PI Brief Update

First Use of Power to Strike Out Following Summers v Fairclough - Jamie Clarke, Hardwicke

08/03/13. The transcript of the decision of HHJ Mitchell sitting at Central London County Court on 9 October 2012 is now available. He struck out the claim of Mrs Barbara Fari against Homes for Haringey. The decision has not been appealed. The decision is of significance, because it is the first strike out of a fraudulent/exaggerated claim following the Supreme Court’s ruling in Summers v Fairclough Homes Limited [2012] 1 WLR 2004. Summers is authority for the proposition that under CPR 3.4(2) the court has power to strike out a statement of case on the ground that it is an abuse of process at any stage in the proceedings, including – but in very exceptional circumstances – at the end of a trial...

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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. 

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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.