Practice and Procedure – Estoppel or Abuse of Process
The Tribunal Chairman erred in law in holding that the cause of action in the two claims commenced by the Claimant was not the same.
Once proceedings are dismissed on withdrawal under Rule 25 a claimant in subsequent proceedings based on the same cause of action cannot avoid the consequences of the order dismissing the proceedings merely by asserting that he always intended to bring a second claim and that it is not an abuse of process to bring it. The exception to the operation of cause of action estoppel allowed in Ako v Rothschild Asset Management (2002) IRLR 348 is no longer available.
Discussion of review as a potential remedy for a claimant who has suffered injustice by the operation of Rule 25.
Citations:
[2007] UKEAT 0467 – 07 – 1910
Links:
Employment
Updated: 12 July 2022; Ref: scu.261538
