The appellant sought leave to appeal an order striking out their claim against the bank. There had been considerable litigation. They had executed charges supporting personal guarantees, in support of loan agreements in favour of the company of which they were directors. The bank had called in the loan and sought to enforce the charge.
Held: Parts of the action were res judicata from the earlier proceedings. The balance was subject to issue estoppel. Leave was refused.
Lord Justice Simon Brown, Mrs Justice Hale
[1997] EWCA Civ 3055
England and Wales
Citing:
Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
These lists may be incomplete.
Updated: 11 June 2021; Ref: scu.143454