Awan & Ors v EMW Law & Anor

31 March 2023

[2023] EWHC 3514 (KB)

High Court

The claimant missed deadlines and kept trying to restart the case, even after losing an appeal. The judge said this was unfair and stopped them, throwing out their attempts to continue the case.

Key Facts

•Claimant applied to vary a timetable order for service of particulars of claim.
•The order contained specific calendar dates, which the claimant missed.
•The case was struck out, and the application for relief was also deemed late.
•The claimant appealed unsuccessfully twice.
•The claimant made a nearly identical application to vary the order to the Court of Appeal, which was dismissed.
•The claimant issued a second claim in the Chancery Division, later transferred to the KB Division, for tactical reasons related to a bankruptcy proceeding.
•The second claim's application for an extension of time to serve was pending.

Legal Principles

CPR 2.8 (clear days)

CPR 2.8

Abuse of process

Henderson v Henderson (1843) 3 Hare 100, 67 ER 313

Finality in litigation

Implicit in judgment

Outcomes

Application to vary the timetable order dismissed.

Abuse of process; application lacked merit; the order reflected the judge's intention; the issue could and should have been raised earlier.

Second claim struck out.

Abuse of process; issued for tactical purposes to influence bankruptcy proceedings; lacked merit.

Application to extend time for service of the second claim refused.

Abuse of process; the second claim was struck out.

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