- Cited — Louise Keith v Micah Lucian Alexander Benka & Anor 2023-07-13
“…t necessarily depend on a failure to comply with rules of court or court orders. Lord Diplock began his speech in Hunter v Chief Constable of the West Midlands [1982] AC 529 by saying:…”
- Overruled — William Andrew Tinkler v Esken Limited (formerly Stobart Group Limited) 2023-06-09
“…Moreover, Langley J relied on the House of Lords decision in Hunter v. Chief Constable of the West Midlands [1982] AC 529 (Hunter) for support. But, contrary to Mr Tinkler’s submissions, Hunter has not been overruled by Takhar on the materiality point. First, Takhar at [56] and [6…”
- Cited — Anish Nambiar v Solitair Limited 2022-08-09
“…m of abuse of process, and the circumstances in which it can arise, are well established. In his speech in Hunter v Chief Constable of the West Midlands Police [1982] AC 529, Lord Diplock held at paragraph 536B:…”
- Cited — Anish Nambiar v Solitair Limited 2022-08-09
“…[1982] AC 529…”
- Considered — Re W-A (Children: Foreign Conviction) 2022-08-05
“…[1982] AC 529 at 543 Lord Diplock (with whom the other members of the House of Lords agreed) said that it “is generally considered to have been wrongly decided”. But for my …”
- Cited — Chowdhury Mueen-Uddin Secretary of State for the Home Department 2022-07-28
“… paragraph 35. The judge summarised the relevant principles of law relating to abuse of process set out in Hunter v Chief Constable of the West Midlands Police [1982] AC 529 (“Hunter abuse”) from paragraphs 36 to 81 together with the respective submissions of the parties.…”
- Considered — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…first considered the law relevant to abuse of process. Amongst other authorities, he cited Hunter v Chief Constable of the West Midlands Police [1981] UKHL 13, [1982] AC 529 (“Hunter”); Her Majesty’s Attorney General v Barker [2000] EWHC 453 (Admin), [2000] 1 FLR 759 (“Barker”); Johnson v Gore Wood & Co [2000] UKHL 65, [2002] 2 AC …”
- Cited — David Mayall v Merriman White & Ors 2022-04-12
“…like Mr Laing, Mr Mayall is not bound by Mr Donaldson’s judgment. Nor, for that matter, are Merriman White. In Hunter v Chief Constable of West Midlands Police [1982] AC 529, 541 Lord Diplock said:…”
- Cited — David Greene v David Davies 2022-03-29
“…In Hunter v Chief Constable of the West Midlands [1982] AC 529 (“Hunter”), the House of Lords declined to permit men who had been convicted of murder to proceed with civil claims for assaults that they claimed had taken pl…”
- Cited — David Greene v David Davies 2022-03-29
“…o be thereby ‘changing the form of the proceedings’: see Reichel v Magrath 14 App Cas 665, 668, per Lord Halsbury LC, quoted by Lord Diplock in the Hunter case [1982] AC 529, 542c–d. Were the issues before the SDT and the issues in the present action identical, the position might be different, but they are not. The basic issue befo…”
- Cited — Tinkler v Ferguson & Ors 2021-02-01
“…re it, or would otherwise bring the administration of justice into disrepute among right-thinking people: Hunter v. Chief Constable of the West Midlands Police [1982] AC 529 per Lord Diplock at 536.…”
- Cited — Tinkler v Ferguson & Ors 2021-02-01
“…rty not to be vexed twice for the same reason and the public interest of the state in not having issues repeatedly litigated; see Lord Diplock in Hunter’s case [1982] AC 529, Lord Hoffmann in the Arthur J S Hall case [2002] 1 AC 615 and Lord Bingham in Johnson v Gore Wood & Co [2002] 2 AC 1. These interests reflect unfairness to a …”
- Cited — Pricewaterhousecoopers LLP v BTI 2014 LLC 2021-01-11
“…e vexed twice for the same reason and the public interest of the state in not having issues repeatedly litigated; see Lord Diplock in Hunter v. Chief Constable [1982] AC 529, Lord Hoffmann in the Arthur Hall [2002] 1 AC 615 case and Lord Bingham in Johnson v. Gore Wood [2002] 2 AC 1. These interests reflect unfairness to a party on…”
- Cited — Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) 2021-01-08
“…informs that jurisdiction. The starting point for these purposes is the decision of the House of Lords in Hunter v. Chief Constable of the WestMidlands Police, [1982] AC 529. In that case, the claimants (the “Birmingham Six”) brought proceedings against the police claiming damages for injuries caused by assaults allegedly perpetrat…”
- Cited — Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) 2021-01-08
“…eared for them. This is the paradigm of an abusive challenge. It is a principal focus of the principle in Hunter v. Chief Constable of the WestMidlands Police, [1982] AC 529. Public policy requires a defendant who seeks to challenge his conviction to do so directly by seeking to appeal his conviction.”…”
- Cited — Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) 2021-01-08
“… proceedings are brought which directly or indirectly challenge the correctness of a criminal conviction. Hunter v. Chief Constable of theWest Midlands Police, [1982] AC 529 establishes that the court can strike out as an abuse of process the second action in which the plaintiff seeks to re-litigate issues decided against him in ea…”
- Cited — Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) 2021-01-08
“…116A, that Hunter’s case, [1982] AC 529 decides “not that the initiation of such proceedings is necessarily an abuse of process but that it may be.”…”
- Cited — AB Volvo (Publ) & Ors v Ryder Ltd & Ors 2020-11-11
“…rine to be engaged there must be a ‘final decision’. This requirement is clear from the speech of Lord Diplock in Hunter v Chief Constable of the West Midlands [1982] AC 529. The appellant in that case had been convicted of murder at a criminal trial. He then brought civil proceedings claiming damages for physical injuries he alleg…”
- Explained — AB Volvo (Publ) & Ors v Ryder Ltd & Ors 2020-11-11
“…efore, not a ‘final decision’ for the purposes of the doctrine as explained by Lord Diplock in Hunter v. Chief Constable of the West Midlands Police and others [1982] AC 529 (“Hunter”). If…”
- Considered — FB (Afghanistan) & Anor, R (On the Application Of) v The Secretary of State for the Home Department 2020-10-21
“…m relief where it considers that the application or underlying claim amounts to an abuse of process (see, e.g., Hunter v Chief Constable of WestMidlands Police [1982] AC 529 at page 536B-C per Lord Diplock, and Johnson vGore Wood & Co [2002] 2 AC 1 at page 22C-E per Lord Bingham of Cornhill). The court may therefore refuse to deter…”
- Cited — JSC VTB Bank v Skurikhin & Ors 2020-10-21
“…In Hunter v Chief Constable of the West Midlands Police [1982] AC 529 HL at 536C, Lord Diplock referred to:…”
- Cited — T and J (Children) 2020-10-20
“… conclusive and the convicted person is entitled to seek to prove the contrary. As Lord Diplock observed in Hunter v the Chief Constable of WestMidlands Police [1982] AC 529 at p544D:…”
- Cited — Koza Ltd & Anor v Koza Altin Isletmeleri AS 2020-07-31
“…[1982] AC 529; and in any case (ii) if the injunction application was to be brought at all, it could and should have been brought in the context of that prior application, r…”
- Cited — Koza Ltd & Anor v Koza Altin Isletmeleri AS 2020-07-31
“…In Hunter v Chief Constable of the West Midlands Police [1982] AC 529 at p. 536C Lord Diplock described the abuse of process jurisdiction as “the inherent power which any court must possess to prevent misuse of its procedure in a…”
- Cited — Koza Ltd & Anor v Koza Altin Isletmeleri AS 2020-07-31
“…rty not to be vexed twice for the same reason and the public interest of the state in not having issues repeatedly litigated; see Lord Diplock in Hunter's case [1982] AC 529 , Lord Hoffmann in the Arthur J S Hall case [2002]1 AC 615 and Lord Bingham in Johnson v Gore Wood & Co [2002] 2 AC 1. These interests reflect unfairness to a …”
- Cited — Cable v Liverpool Victoria Insurance Co Ltd 2020-07-31
“…n be summarised shortly. The classic summary of abuse of process can be found in the speech of Lord Diplock in Hunter v Chief Constable of West Midlands Police [1982] AC 529 at 536C:…”
- Considered — Day v Womble Bond Dickinson (UK) LLP (Rev 1) 2020-03-26
“…In Hunter v Chief Constable of the West Midlands Police & Ors [1982] AC 529 civil claims against the police for personal injury were struck out, having been considered by the judge at the trial which had led to their convictions for mu…”
- Cited — Harbour Castle Ltd v David Wilson Homes Ltd 2019-03-27
“…before it, or would otherwise bring the administration of justice into disrepute among right-thinking people”: Hunter v Chief Constable of West Midlands Police [1982] AC 529 at 536 per Lord Diplock. Lord Diplock went on to observe that “the circumstances in which abuse of process can arise are very varied”.…”
- Cited — Terry v BCS Corporate Acceptances Ltd & Ors 2018-11-02
“…half of the claimant that one should never say never. Moreover we are mindful of Lord Diplock's warning in Hunter v Chief Constable of the West Midlands Police [1982] AC 529, quoted at para 35 above, that it would be unwise to limit in advance the kinds of circumstances in which abuse might be found. See also the speech of Lord Bin…”