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Nesbitt v Holt [2006] EWCA Civ 1542 (02 November 2006)

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In proceedings brought against the adviser from the Citizens Advice Bureau who had assisted him in employment proceedings, the Claimant was granted permission for a second appeal to in respect of the strike out of his claim for abuse of process. Although the Employment Appeal Court had considered whether the Defendant had authority to enter in to the compromise agreement on behalf of the Claimant, the Defendant was merely a witness of fact in those proceedings. The single judge was concerned at the extension of the scope of abuse of process to claims where the parties were different.

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