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Analysis
Analysis
It is helpful to summarise the triage of issues as I see them:
Does the claimants’ unethical behaviour involve or constitute an abuse of process?
What is the evidential status of the illicit information?
Depending on the answer to (2) above, is the claimants’ possession of illicit knowledge likely to obstruct the just disposal of these proceedings or otherwise create a substantial risk of an unfair trial?
If (1) or (3) above is shown, what is the appropriate and proportionate response of the Court?
In light of (4) above, are the claimants entitled to pursue their summary judgment application and, if so, should they be granted summary judgment or a conditional order?
I address these issues in turn below. There is a degree of overlap between them.
- Heading
- Stephen Houseman KC
- Relevant Background
- Legal Framework
- Analysis
- Does the claimants’ unethical behaviour involve or constitute an abuse of process?
- What is the evidential status of the illicit information?
- Is the claimants’ possession of illicit knowledge likely to obstruct the just disposal of these proceedings or otherwise create a substantial risk to a fair trial?
- What is the appropriate and proportionate response of the Court to the claimants’ abuse of its process?
- Are the claimants entitled to pursue their summary judgment application and, if so, should they be granted summary judgment or a conditional order?
- Conclusions