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Emmerson v Cleveland BC




2006, Stephen Brown QC as DepHCtJg (not reported) 2006-01-01

In a negligent education claim where the Claimant had abandoned (or irreversibly lost) the bulk of his allegations before he had closed his case, it was an abuse of process to continue where he had no real prospect of obtaining an award of damages greater than the issues based costs liability which he would incur (being his own and those of the other side).