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An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims." Examples of counterclaims include:
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
As the initial neighborhood lawsuit made its way through the courts, BK&M filed counterclaim alleging "abuse of process," arguing that the plaintiffs were using the legal system as a way to ...
In Queensland, the process for having someone declared a vexatious litigant is governed by the Vexatious Proceedings Act 2005, which supplanted an earlier Act. [5] The Act defines a vexatious proceeding to include a proceeding brought without merit or any prospect of success, with the consequence that it is not necessary to prove the existence of any improper motive in order to obtain relief ...
Statements of intention do not constitute misrepresentations should they fail to come to fruition, since the time the statements were made they can not be deemed either true or false. However, an action can be brought if the intention never actually existed, as in Edgington v Fitzmaurice .
These crimes include failure to appear, false statements, obstruction of justice, contempt of court and perjury. Process crimes are sometimes a basis for a "pretextual prosecution", in which prosecutors bring process crime charges against a defendant in order to punish them for another crime for which a conviction is more difficult to obtain.
The position in most common law jurisdictions (which follow England) is that if an issue is not barred by a finding of 'cause of action estoppel', or 'issue estoppel', the question then turns to whether an abuse of process can be established on the Henderson v Henderson line of authority. [11]