“…G893D. Equally, it was common ground that the jurisdiction is not confined to these categories and must be applied flexibly: Castanho v Brown & Root (U.K.) Ltd [1981] AC 557, 573 (“the width and flexibility of equity are not to be undermined by categorisation”); Aerospatiale at 892G (the cases “show, moreover, judges seeking to app…”
“…inuance. On the basis of the court’s inherent jurisdiction to prevent the abuse of its own process, the House of Lords held in Castanho v Brown & Root (UK) Ltd [1981] AC 557 that if a discontinuance amounted to an abuse of process, the court could set it aside. The claimants submitted to the judge, and repeated the submission to th…”