020 7242 4986 or  0333 240 0591 London  |  Birmingham  |  Cardiff
News

Henley v Bloom [2010] EWCA Civ 202

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.

Please click here to see the Practitioner comment.