Speakers: Neil Hext KC and Benjamin Fowler
In two recent cases, Ashraf v. Lester Dominic Solicitors [2023] EWHC 2800 (Ch) and Discovery Land Company LLC v. Axis Specialty Europe SE [2022] EWHC 585 (Comm), a party has come unstuck at an interlocutory hearing because of inconsistencies in the position it wished to take with that which it had taken at an earlier stage. In the first of the cases, the result was catastrophic for the claimant. Ben Hubble KC and Neil Hext KC explore the application of abuse of process arguments where a party has changed its mind as to how to present its case. How many bites of the cherry should a party be given, and when should the court say that enough is enough?
