Summary of Recent Cases – Substantive Law


CIVIL CLAIM DEFENDED ON THE BASIS THAT CRIMINAL CONVICTION WAS WRONG
On 01.06.12, Spencer J handed down judgment in CXX v DXX [2012] EWHC 1535 (QB), [2012] All ER (D) 22 (Jun). The Defendant had been convicted of poisoning the Claimant. In the subsequent civil action, the Defendant sought to plead that his criminal convictions had been wrong. That element of his Defence was struck out by a Master. The Defendant sought permission to appeal the Master’s order. Spencer J held: that it was not an abuse of process for the Defendant to plead that his convictions were mistaken (s.11(2) of the Civil Evidence Act 1968 applied). However, to resist a summary judgment application the Defendant still had to show that this element of the Defence had reasonable prospects of success. This he failed to do and therefore permission to appeal was refused.

June 23, 2012 · Editorial Team · Comments Closed
Posted in: Cases