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Last updateTue, 24 Feb 2015 5pm

ABUSE OF PROCESS: Trial run

02 October 2015  

Laura Crawford and Jon Chesman warn against the expedient choice of defendants

On Friday 11 September 2015, in the High Court in London, Mr Edward Murray (sitting as a deputy High Court judge) handed down a reserved judgment: Clutterbuck v Cleghorn (as Judicial Factor to the Estate of Elliot Nichol Deceased) [2015], in which the entirety of the claimants’ £97.5m claim was struck out as an abuse of process. This summary trial was the culmination of a number of years’ speculative litigation by the claimants, Amanda Clutterbuck and Ian Paton, against various defendants. Having been wholly unsuccessful in 2014 in a very similar factual case against Ms Sara Al Amoudi (the trial of which took six weeks and involved 25 witnesses), the claimants sought to try their luck against the substantial estate of the late Mr Elliot Nichol.

Additional Info

  • Case(s) Referenced:

    Aldi Stores Ltd v WSP Group plc & ors [2007] EWCA Civ 1260

    Clutterbuck & anor v Al Amoudi [2014] EWHC 383 (Ch)

    Clutterbuck & anor v Cleghorn (As Judicial Factor To The Estate Of Elliot Nichol (Deceased)) [2015] EWHC 2558 (Ch)

    Gladman Commercial Properties v Fisher Hargreaves Proctor & ors [2013] EWCA Civ 1466