‘Wrongfully Entering Judgment gives rise to a Cause of Action for a Defendant: The Tort of Abuse of Process’

“In Total Extraction Ltd v Aircentric Ltd [2021] EW Misc 21 (CC) District Judge Branchflower found that a claimant that had wrongfully entered judgment on admission was liable in damages to the defendant that had suffered losses as a result. The claimant’s actions amounted to the tort of abuse of process. The claimant issued a claim for alleged debt against the defendant. Before the time for acknowledging service had expired the claimant sought, and obtained, judgment on admission. The defendant had not in fact filed an admission. The defendant discovered the position when it sought to file an acknowledgment of service …” (more)

[Gordon Exall, Civil Litigation Brief, 6 December]

First posted 2021-12-07 15:40:49

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