Cases

Hussein v William Hill

Held

Striking out the claim; it was clear that many of the matters raised in H’s pleadings were attempts to reopen matters that had been decided conclusively against him in the personal injury proceedings and subsequent application for permission to appeal. Applying Thoday v Thoday [1964] P 181, it was not open to H to do so. Applying Wallis v Valentine and asking what a reasonable man in H’s situation would, in the circumstances, have in mind when pursuing the action, it was clear that one purpose was to re-litigate before a jury the very issues decided against him in the personal injury action. Given H’s reputation in the light of the findings in that action, no significant award of damages could properly be made. As such, the game was not worth the candle. The claim was not genuinely pursued to vindicate damage to H’s reputation, but to cause WH expense, harassment and commercial prejudice.

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