Making a mistake on the damages claim portal is not necessarily an abuse of process

By Alex Langston

Published 24 January 2023 | Last Updated 15 October 2024

We shared a report of a decision in Oxford County Court relating to the Damages Claim Portal. The claimant had used the Portal to issue against the Crown. The Portal cannot be used to issue against the Crown. The defendant took that point and argued that the action was an abuse of process and should be struck out. The defendant’s application failed and it ended up with a costs order against it.

Civil Litigation Brief (January 24, 2023) Making A Mistake On The Damages Claim Portal Is Not Necessarily An Abuse Of Process