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Practice – Striking out. The proceedings concerned alleged repudiatory breaches by a company, Texaco, of a number of agreements. The court held that breaches had occurred, but that the claimant had repudiated them. The claimants commenced proceedings against the defendants. The defendants sought to strike out part of the new proceedings, contending that it constituted an abuse of process, since it amounted to a collateral attack on the judge's findings in the earlier proceedings. The Chancery Division held that, on the evidence, the paragraph in question of the new proceedings constituted an abuse of process and would be struck out.
Practice – Striking out. The proceedings concerned alleged repudiatory breaches by a company, Texaco, of a number of agreements. The court held that breaches had occurred, but that the claimant had repudiated them. The claimants commenced proceedings against the defendants. The defendants sought to strike out part of the new proceedings, contending that it constituted an abuse of process, since it amounted to a collateral attack on the judge's findings in the earlier proceedings. The Chancery Division held that, on the evidence, the paragraph in question of the new proceedings constituted an abuse of process and would be struck out.
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