BARTON HENDERSON RASEN AND OTHERS v. MERRETT AND ERNST & YOUNG AND OTHERS

[1993] 1 Lloyd's Rep. 540

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Saville

Practice - Writ - Application to set aside - Plaintiffs alleged managing and members agent and auditors in breach of contract or duty in closing the 1983 and 1984 year of account and approving such decisions - Defendants alleged that at time writ served plaintiffs had no present intention of serving points of claim and prosecuting litigation and no reasonable evidence or grounds for serving points of claim - Whether proceedings should be struck out - Whether an abuse of process of the Court.