Abuse of process case precedents wanted RE:deliberate document overload!
N1 claim made only 2 sides of A4 by LIP. Kept as concise as possible but there are some potentially complex points.
2 Defendants, both huge corporations.
DQ says most suitable for small claims track 1 hour hearing. Both defendants agree.
Both defendants submit lengthy defences that just overload with irrellevant points most not even made in the claim.
Both defendants make strike out applications with now about 100 pages of statement in a blatant (to me) effort to increase complexity and COSTS and introduce new issues which were properly addressed (but ignored) in the reply to defence.
The defendants intend to argue the full trial case at a strike out hearing (set for 3 hours) to circumvent the claim being tried on the small claims track.
Claimant very worried he is exposed to full costs if he loses the strike out hearing.
Claimant is under pressure to negotiate a withdrawl.
A few months back, I searched online and found some case precedents which ruled that the above types of behaviour were "abuse of process".
I have searched for hours but can no longer find them. I think they were fairly recent reports (<5 years old).
Could anyone be so kind as to suggest any relevant cases that can be shown to the judge at the application hearing?
This may provide pointers for you: https://www.civillitigationbrief.com/2018/11/13/the-dangers-of-being-bullish-on-procedural-issues/