In Stuart v Linde and others  EWCA Civ 2, the Court of Appeal allowed an appeal against a decision striking out a claim on the ground that it was an abuse of process. The issue in the case was whether it was an abuse of process to bring a second action against the same defendant on the basis that all claims should have been brought in the first action. The Court of Appeal held that in the particular circumstances of this case, the second action was not an abuse of process.
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