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Henderson v The London Borough of Hackney & The Learning Trust
Comment
The case demonstrates the high burden placed on a claimant who wishes to plead malice. Eady J observed, that in light of the very limited publication and the uncontested facts this was a case where an abuse of process application might have been expected. The judge's comment suggests that even where a defendant appears to have a strong alternative basis for striking out the claim, the court encourages double-barreled applications.