Clark v University of Lincolnshire & Humberside [2000] 1 WLR 1988

• Plaintiff had been punished for alleged breach of university regulations and wouldn’t be allowed to get higher than a 3rd class degree.

• She sued on the contract between her and the university and CA refused to strike this out (the university asked for this since they said she ought to have proceeded on a JR action) as abuse of process. 

Lord Woolf MR

• Where the claimant has a contractual right the court would not strike out her private law claim solely on the ground that she had used the wrong procedure, even though the claim might more appropriately have been brought via judicial review.

• Because of the new Civil Procedure Rules (CPR-see above) it is far easier for the courts to deal with genuine abuses of process even where the claim is not made under judicial review. Because under the CPR the parties are required to help out the court in achieving the “overriding principles”, reference to these principles would determine whether there has been an abuse of process.

• In substance the same tests of procedure will apply which ever type of action is brought.