Thomas Munby KC and James Kinman (instructed by Ken Duncan and Alina Neal of Stephenson Harwood LLP) represented the successful paper title owner in a long-running family dispute over the ownership of a Knightsbridge flat. The case gave rise to important questions relating to the emerging doctrine of what...
Summary The Court of Appeal has provided authoritative guidance on the abuse of process known as “warehousing” in its first judgment on the subject for almost 20 years. David Mumford QC and James Kinman appeared for the successful respondent. Facts The case concerns a dispute over a high value London property,...
Summary A claimant's failure to make due enquiry in relation to allegations forming a core piece of the defendant's defence, and his consequent failure to fairly represent the merits of that defence on a without notice application for a worldwide freezing order, had amounted to serious non-disclosure and the freezing...
Summary Questions of whether a claim to possession of a flat would be defeated by a defence of adverse possession, and whether raising the adverse possession defence would be an abuse of process, were not suitable for summary determination on the available facts. Facts The second to fourth defendants (D...
Summary The claimant, who was pursuing a claim of unlawful means conspiracy against three defendants, had a good arguable case that the first defendant, a Russian businessman, had been resident, and therefore domiciled, in England when the claim form was issued. The English courts therefore had jurisdiction to hear the...
Summary The appellant's decision to suspend the progress of its claim against the respondent while related litigation was taking place in Liechtenstein should not have led to the striking out of the claim. Facts The appellant appealed against a deputy master's decision striking out its claim against the respondent.The...