Workman v Deansgate 123 LLP

Practice – Summary judgment. The defendant firm of solicitors succeeded in its application for relief from sanctions, to set aside a judgment in default of a defence, and for summary judgment, concerning the claimant's action, alleging negligence in respect of representation he had received in his murder trial. The Queen's Bench Division held that the overall circumstances of the case clearly justified relief from sanctions and that the claimant's action could not proceed, because it had no real prospect of success. Accordingly, the claim was dismissed. The court further held that the proceedings brought by the claimant were an abuse of process, because they constituted a collateral attack on his conviction for murder as affirmed by the Court of Appeal, Criminal Division.

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