Eaton v Mitchells & Butler plc

Practice – Striking out. The Wrexham County Court held that the proceedings brought by the claimant were not a nullity in the sense of being incurably bad by reason of the fact that, when they were commenced, the cause of action was vested not in the claimant but in his trustee in bankruptcy. However, the continued conduct of the present proceedings by the claimant would be an abuse of process unless the irregularity in their constitution, namely, that the cause of action was not vested in the person pursuing them, was remedied.

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