Strike out for abuse of process in the High Court

Adam Temple and Cleon Catsambis successfully acted for three of the Defendants in striking out the claim in Tinkler v Invesco Asset Management Limited & ors [2025] EWHC 1624 (Ch).

This was the latest claim by Mr Tinkler arising out of his removal as a director of Stobart Group Ltd (now Esken Ltd) in 2018. Having had previous claims against directors of the company struck out, Mr Tinkler sought to pursue further defendants, alleging that they were parties to an unlawful means conspiracy.

Mr Justice Leech agreed that the claim should be struck out for abuse of process. The claim amounted to a collateral attack on previous court decisions and Mr Tinkler had used documents from previous litigation in forming his claim without the court’s permission, contrary to CPR 31.22.

Adam Temple acted for the Tenth and Twelfth Defendants, instructed by Simmons & Simmons LLP; Cleon Catsambis acted for the Sixteenth Defendant, instructed by Baker & McKenzie LLP.