Sentences with phrase «concept of abuse of process»

I don't view this as supporting the concept of abuse of process.

[79] In response to perceived difficulties in demanding strict adherence to the constituent elements of res judicata, modern Canadian courts have developed the independent but related concept of abuse of process as a means of barring relitigation where permitting it to proceed would offend vital principles such as judicial economy, consistency, finality of legal disputes, and, perhaps most importantly, the integrity of the judicial decision - making process.

Not exact matches

In any event, whether proportionality is about «efficiency» or «appropriateness,» it seems to be a concept with much broader application and much more neutral connotations than the abuse of process doctrine.

Such repugnant conduct must amount to an abuse of process, a fluid concept which CPR 3.4 recognises as a ground for striking out.

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