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Clutterbuck v Cleghorn

Thursday 6 April 2017

This was an appeal against the striking out of the Claimants’ claim as an abuse of process.  In 2010, the Claimants brought a claim against Sarah Al Amoudi, relying on various causes of action relating to alleged high-value property joint ventures in London.  The Claimants lost that case in the High Court and the Court of Appeal.  The Claimants then sued the estate of Elliot Nichol, alleging that he too was involved in these alleged high-value property joint ventures.

Jonathan Seitler QC and Emer Murphy successfully argued that the Claimants ought to have sought trial directions from the judge hearing the first case in relation to their claim against Mr Nichol’s estate, in compliance with the guidance from the court in Aldi Stores Ltd v WSP Group plc [2007] EWCA Civ 1260, [2008] 1 WLR 748.  The Court of Appeal agreed, and upheld the striking out of the majority of the Claimants’ claim as an abuse of process.

Download the Judgment here (Crown Copyright)