Henley v Bloom [2010] EWCA Civ 202

01 Jan 2018


Earlier possession proceedings had been compromised by consent, refurbishment works were undertaken. The Court of Appeal held, in the successful appeal against a new disrepair claim being struck out, that a counterclaim for disrepair could have been raised the earlier action but the issue of a new claim did not amount to abuse of process. There was no compulsion to counterclaim because the earlier action did not relate to disrepair and a fair trial was still possible.

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