Abuse of Process in the Civil Courts

Charles Gibson QC, Head of Chambers, Henderson Chambers,
Paul Skinner, Barrister, Matrix Chambers
Rachel Tandy, Barrister, Henderson Chambers

bCharles Gibson QCr is head of Henderson Chambers and a leading silk in commercial litigation, product liability, health and safety, environmental law and consumer law.



bPaul Skinnerr is a barrister at Matrix Chambers pratising across a wide range of public and international law areas, representing and advising businesses, individuals, and public bodies.


bRachel Tandyr is a barrister at Henderson Chambers, specialising in commercial and common law. Before commencing pupillage, she also spent a year working as an adjudicator at the Financial Ombudsman Service.

A: Introduction
1. Introduction
2. Historical Development
3. Theoretical Framework
B: Abuse by Litigation
4. Meritless Claims
5. Claims not in the Public Interest
6. Claims Proceeding in Other Jurisdictions and Conflict of Laws
C: Abuse by Re-Litigation
7. Res Judicata
8. The Rule in Henderson v Henderson
9. Previous Proceedings Struc Out as the Result of a Peremptory Order
D: Abuse by Breach of Procedure
10. Malicious Procecution
11. Want of Procecution
12. Breach of Procedural Rules
E: Vexatious Litigants
F: Conclusions