How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22385
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Type Your Law Question Here...
Stuart J is online now

what is a working definition of an abuse of process and what

Customer Question

what is a working definition of an abuse of process and what case contains that definition?
Submitted: 3 years ago.
Category: Law
Expert:  F E Smith replied 3 years ago.
Good evening

Can you explain your position more?
Customer: replied 3 years ago.

i want to argue that to file an affidavit saying A is true gain an advantage and then file another affidavit saying B (incompatible with the facts of A) is an abuse of process

Expert:  F E Smith replied 3 years ago.
Thank you.

Who has filed the affidavit? In what circumstances?
Customer: replied 3 years ago.

in proceedings a party has filed an affidavit to say X is not a shareholder and now says that X is a shareholder for the purpose of guarnishing certain dividends i wish to argue that having said X was not a shareholder and succeeded on those facts it is an abuse for that same litigant to guarnish those dividends

Expert:  Stuart J replied 3 years ago.

I have been asked to lok athis for you.

This isnt abuse of process, it is merely conflicting evidence.

In which case you can ask court to strike them both out. It also throws all the other evidence into doubt from that party. Can I help further?

Customer: replied 3 years ago.

but they got a result the first time and i cant ask the court to throw that evidence out as that case is over done the evidence was that X did nto won shares in a company having filed that evidence and suceeded they now file conflicting evidence say my client owns the shares and seeks to guarnish money based on that new evidence ( she is the owner) they not abusing the court process by filing evidence that conflicts with earlier evidence that is why i wanted a working definition of what is abuse of process

Expert:  Stuart J replied 3 years ago.

Can you let me know the facts behind the cases, please?

Customer: replied 3 years ago.

my client (A) is a minority shareholder in a private company. she applies to the court for an order allowing her to bring a derivative action. the respondents say that her ownership pf the shares is in doubt sa she has signed a trust deed. that application is dismissed.


my client is condemned in costs in another case which she brought against the company and ors. the company declares a dividend and asks the court to guarnish the dividend to satisfy the costs.


i think it must be arguable that since the company perviously said she was not the owner or her ownership is in doubt then to now say she is the owner to get the dividends is an abuse of process.



but all is am saying is that i need a definition of an abuse of process to allow me to argue that if a liltgant says one thing in court then to say another for the purpose of gaining a benefit is an abuse of process?

Expert:  Stuart J replied 3 years ago.

What is your interest in this?

The facts are still very sketchy.

I assume that you mean Garnishee.

So for the puposes of the 1st action she didnt want to be the owner of the shares, but now she does for the current action.

I assume that the court accepted the evidence that she wasnt the owner in the 1st case or did it not?

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice