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Abuse of Process

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  • Abuse of Process

    Hi pls advise what the above means in this case?

    I have current proceedings against someone for harassment and took out a further injunction against them for something after failing to stop them doing it and my solicitor didn't want to continue to address the issue.

    At court he said it should be struck out because I was abusing the process and he won.

    Judge said I didn't properly present the application and that this could have been dealt with in the current proceedings by amending them, something which I had asked my solicitor to do but he didn't!

    Now as a result of this it was struck out for 'abuse of process' and I've a CCJ against me.

    Also the same judge will be doing the original trial so I now feel completely defeated, and like no matter what I do the odds are against me.

    Does anyone know what this is and will it give me a bad record and is there any way I can appeal and have the judgement and CCJ reversed? I don't want to go ahead with the application I am looking for another more professional solicitor whom will advise me properly and amend the current proceedings for me which I believe the judge was correct to say. But I don't believe labelling me as someone whom 'abuse of process' and CCJ is fair because I'm not a legal professional and I was given bad advice and poorly represented and want a chance to plead this so the 'abuse of process' and CCJ judgement may be changed? Is this possible?


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  • #2
    Why do you have a CCJ against you? Was there a costs award against you following the striking out of your claim?

    Your solicitor advised against making the claim/application - did you therefore undertake it on your own or did your solicitor make the application for you?
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    • #3
      Thank you Amethyst.

      The solicitor wouldn't amend the current case to include what this guy is doing to me now, only what he did before, so I took out a new application for an injunction to stop him but the defendant said I was abusing the process by doing so and the judge agreed that I could have amended the current case to include these new incidents of harassment instead of creating another case hence more costs (I used the help with fees form as I'm currently unemployed and am legally aid funded) and so accepted the defence and struck it out.

      They then asked for costs and I now have a CCJ against me.

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      • #4
        Can anyone please advice if I can appeal this CCJ?

        What if I can prove the other side lied about things in his statement? Will I still be liable for his costs?

        Can I request he show proof of these costs via receipts etc?

        Comment

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