Claim No: IL-2024-000036 - [2025] EWHC 2172 (Ch)

CPR 3.4(2)(b) provides that the court may strike out a statement of case (or part of it) if it appears to the court that the statement of case is an abuse of the court’s process, or is otherwise likely to obstruct the just disposal of the proceedings. The abuse relied on by the Defendants in their application relates to what is said to be Mrs Lish’s attempt to relitigate issues which were raised, or should have been raised, in the Newcastle Claim, under the principle in Henderson v Henderson (1843) Hare 100. The Defendants also say that parts of this claim were compromised by acceptance of the Part 36 Offer.