The Weekly Law Reports
[2010] 2 WLR 1265
Court of Appeal
Land Securities plc and others v Fladgate Fielder (a firm)
[2009] EWCA Civ 1402
2009 Oct 21,
22;
Dec 18
Dec 18
Mummery, Moore-Bick, Etherton LJJ
Tort— Cause of action— Abuse of civil process— Defendant bringing judicial review proceedings challenging grant of planning permissions— Proceedings delaying claimants’ redevelopment projects— Defendants allegedly bringing proceedings as means of obtaining financial advantage from claimant rather than to quash planning decisions— Claimants bringing action for abuse of process for damages for loss caused by delay to redevelopment projects— Whether claim for abuse of process lying in respect of economic loss— Whether tort applying to judicial review proceedings— Whether defendants acting for improper or collateral advantage rendering proceedings abusive