Senior Master Fontaine has handed down judgment on an application to strike out an action brought by a dentist against the NHS under the rule in Henderson v Henderson (1843) 3 Hare 100 and applying the rule in Aldi Stores Ltd v WSP Group PLC [2008] 1 WLR 748 as there was a pre-existing action brought by the NHS against the dentist, which is due to be tried in December 2018 in the Queen’s Bench Division. Julian Gun Cuninghame was leading Richard Roberts. The Court held that the action brought by the dentist was abusive. It would be wrong in principle to allow court orders, where there has been no appeal against such order, to be circumvented by the issue of a second claim manufactured solely for that purpose.
Full judgment available here: Siddiqui v NHS