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abuse of processdiscontinuance cpr 38.7henderson
HHJ Matthews in Ward v Hutt
[2018] 1 WLR 1789
Key Principle
A second claim brought against the same defendants on substantially the same subject matter as an earlier claim that was discontinued is liable to be struck out where the claimant has not obtained the court's permission required by CPR 38.7, and may in any event be an abuse of process under the rule in Henderson v Henderson.
Area of Law
General
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