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Practice – Striking out. The Chancery Division ruled that the claimants' action, concerning joint venture agreements allegedly entered into by the deceased, would be struck out as an abuse of process where the claimants had failed to comply with the guidelines in Aldi Stores Ltd v WSP London Ltd[2007] All ER (D) 433 (Nov), by seeking directions from the judge as to their claims against the deceased estate in circumstances where a similar claim had been dismissed. An inexcusable failure to follow the Aldi guidelines was a heavyweight factor in favour of a finding of abuse of process.
Practice – Striking out. The Chancery Division ruled that the claimants' action, concerning joint venture agreements allegedly entered into by the deceased, would be struck out as an abuse of process where the claimants had failed to comply with the guidelines in Aldi Stores Ltd v WSP London Ltd[2007] All ER (D) 433 (Nov), by seeking directions from the judge as to their claims against the deceased estate in circumstances where a similar claim had been dismissed. An inexcusable failure to follow the Aldi guidelines was a heavyweight factor in favour of a finding of abuse of process.
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