Claim for Deceit struck out as an abuse of process!?

[R0b]

So I have pursued a claim and one of the causes of action is deceit. However the judge has now given directions but in the directions he has specifically struck out the paragraph for deceit as an abuse of process. The directions state that "Allegations of criminal behaviour must be tried in a more formal setting which strict rules of evidence apply ... the issues can be pleaded without this provision"

My initial thought is that he is implying that a claim for deceit must be tried in a criminal court but there is in fact a tort of deceit and I cannot find anything else which would support his claim.

Ideas?!

[charitynjw]

Re: Claim for Deceit struck out as an abuse of process!?

Hi R0b

Any help?
http://swarb.co.uk/standard-chartere...hl-6-nov-2002/

[R0b]

Re: Claim for Deceit struck out as an abuse of process!?

Thanks Charity, I honestly don't know. Reading the way the directions are worded, it seems to be that I've made a procedural error in claiming for deceit, and the mention of criminal allegations to me sounds like that he is saying that the civil court is not the correct foum. Problem is the claim is not worth the application fee to set aside the strike out as I do have other grounds. Short of writing a letter to the judge asking for clarifcation (which i think will be met with resistance and that i must make an application) I can't think of anything else.

To me, I think the judged has erred in this striking out assuming deceit as in fraud is one of crime and not tort when in fact its both.

[charitynjw]

Re: Claim for Deceit struck out as an abuse of process!?

It would seem that he didn't like the word 'deceit'.
Could you change to misrep?
& would it affect track allocation?

[R0b]

Re: Claim for Deceit struck out as an abuse of process!?

Yea, well my only mistake in the POC is that I made a sub-heading ""Misrepresentation" and separate heading "Deceit". Technically deceit falls under misrep but you could be right in that he didn't like it.

Although if the judge thought deceit could not be heard in the small claims surely he should have allocated to another track instead of claiming an abuse of process?

I'll try writing a letter FAO the judge and see if I can get any further answers though I don't hold out much hope. If not I'll try again on the day of hearing as the Defendant's have already addressed it in their defence anyway.