December 18, 2012
Court of Appeal rules on Jameel abuse
Summary dismissal of a claim sheds new light on the operation of abuse of process
Giving judgment for the defendant on appeal in Cammish v Hughes, the Court of Appeal struck out a claim using the Jameel jurisdiction, with costs as a condition of dismissal.
A claim between two businessman which revolved around a dispute over planning permission for biomass power stations in Wales has been brought to an end by the Court of Appeal. The judgment is only the third time the appellate court has considered the now firmly established Jameel jurisdiction since its original ruling in Jameel v Dow Jones.
A surprising feature of the decision is the fact that the court showed itself ready to strike out the claim but with an order for a proportion of the costs against the successful party. The unusual step was taken in order to provide further protection and vindication for the claimant which they would not now get access to at trial.
See 5RB’s Case Report.