Mudcat Café message #1028351 The Mudcat Café TM
Thread #59803   Message #1028351
Posted By: Richard Bridge
02-Oct-03 - 07:21 PM
Thread Name: Neil Sharpley Any News? - 2003 court trial
Subject: RE: Neil Sharpley Any News?
Yes, abuse of process refers to a fundamental impropriety, not just a procedural error. It being after midnight, good examples are not springing to mind.

If you brought libel proceedings, and lost, and then brought malicious falsehood proceedings on the same facts, you would lose for two reasons. First there would be issue estoppel (don't ask). Second, because you were trying to get a second bite at the same cherry, it would be an abuse of process.

Does that help?