Proceedings claiming damages for breach of contract may be permanently stayed as an abuse of process where they are based on substantially the same facts as earlier unsuccessful statutory claims, seek the same monetary relief for the same loss, and involve the same parties and evidence. The existence of professional indemnity insurance covering the defendant is irrelevant to the assessment of whether proceedings are oppressively burdensome. A plaintiff does not have an absolute right to prosecute an asserted claim at law to judgment if the proceedings constitute an abuse of process.
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