Sentences with phrase «grounds of abuse of process»

The men challenged the orders on the grounds of abuse of process since the UK government had been involved in their allegedly unlawful removal.

For a stay to be granted on grounds of abuse of process, there has to be something that is so unfair and wrong that the court should not allow a prosecutor to proceed with what is in all other respects a regular proceeding (Hui Chi ming v The Queen [1991] 3 All ER 897).

Not exact matches

In the end, Justice Macintosh concluded that while he had the jurisdiction to rule on the questions before him he would decline to do so on the grounds that it would be an abuse of process.

The Defendants move to dismiss the claim under Rule 21.01 (3)(d) of the Rules of Civil Procedure on the grounds that it an abuse of process, or under Rule 21.01 (1)(b) to strike the Statement of Claim as disclosing no reasonable cause of action or constituting a frivolous or vexatious claim, with no leave to amend.

The case was struck on the grounds of res judicata (the issue had already been decided) and abuse of the court's process.

Consequently, the defendants consequently sought «An order dismissing the action on the grounds that it is frivolous or vexatious or is otherwise an abuse of the process of the court pursuant to Rule 21.01 (3)(d).»

The former employee relied on the following grounds in his judicial review: bias of the adjudicator; fairness of the hearing; appropriateness of deciding the matter solely on the basis of abuse of process, and; whether the matter of genuineness of the emails was properly determined.

Authority is clear — the abuse of process jurisdiction is residual in nature; it applies only when the issues raised can not be addressed by the statutory protections... It follows there are no grounds for distinguishing Symeou.