The Authority and other respondents appealed a refusal to strike out the applicant’s claim as an abuse of process, on the basis that other proceedings were current between the same parties at another tribunal. Abuse of process is distinct from cause of action estoppel, and issue estoppel, but has in common that litigation should be final and a party should not be twice vexed in the same matter.
Held: The chairman was in error. A tribunal could add an amendment to a claim raising matters occurring after the claim had been issued despite earlier cases to the contrary. It was not clear that the matters raised in the new proceedings could properly be tried as part of the proceedings in the other tribunal, and accordingly the new proceedings were not an abuse of process.
EAT Procedural Issues – Employment Tribunal
Judges:
His Honour Judge Peter Clark
Citations:
EAT/1101/00, EAT/1100/00, [2001] UKEAT 1100 – 00 – 2012
Links:
Jurisdiction:
England and Wales
Citing:
Applied – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
See Also – Chaudhary v The Specialist Training Authority of the Medical Royal Colleges and 8 others EAT 20-Nov-2001
EAT Race Discrimination – Jurisdiction
EAT Race Discrimination – Jurisdiction. . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination, Health Professions
Updated: 05 June 2022; Ref: scu.168490