Cases

Carpenter v Associated Newspapers Ltd

Held

The action would be struck out as an abuse of process. The newspaper had been effectively disabled from calling Mr Clarke as a witness and the Defence would be denied the opportunity to present its case under conditions which would not place it at a substantial disadvantage. It was the Claimant's intentional conduct which brought about the inequality of arms between the parties and rendered a fair trial impossible, and this amounted to an abuse of the process of the court.

Also