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ARTICLE · 14 JANUARY 2025

Striking Out A Claim That Could And Should Have Been Made In Previous Proceedings

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The Court of Appeal in Outotec v MW High Tech Projects clarified that a breach of Aldi guidelines alone doesn't warrant strike-out for abuse of process; vexation, oppression, or harassment must be shown, with adherence to procedural rules being crucial...

United KingdomLitigation, Mediation & Arbitration
James Popperwell
James Popperwell
Michael Freedman
Michael Freedman
Madeleine Brown
Madeleine Brown

The English Court of Appeal has provided a useful review of the law relating to an application to strike out a claim on the basis that it constitutes an abuse of process. In Outotec (USA) Inc. & Another v MW High Tech Projects UK Limited [2024] EWCA Civ 844, the proceedings subject to the strike out application had been brought following previous and concurrent litigation between the parties.

The judgment answers the question: will breach of the Aldi guidelines be sufficient for strike out, or must some element of vexation, oppression or harassment be shown? The judgment also serves as a warning to parties that they must follow the Court of Appeal's procedures carefully in order to safeguard the right to make all the arguments they want to raise at the appeal hearing.

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