The claimant sought damages for psychiatric injury suffered when working for the defendant who replied that the matter had already been litigated in her claims in the Employment Tribunal, and that a cause of action estoppel applied.
Held: The decision in Fraser v HLMAD was distinguished. The cause of action now pleaded was not that taken to the tribunal. No estoppel applied, and nor did any claim of abuse of process.
Judges:
Behrens J
Citations:
[2009] EW Misc 4 (EWCC)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Thoday v Thoday CA 1964
The court discussed the difference between issue estoppel, and action estoppel: ‘The particular type of estoppel relied upon by the husband is estoppel per rem judicatam. This is a generic term which in modern law includes two species. The first . .
Cited – Fraser v HLMAD Limited CA 15-Jun-2006
The claimant had been dismissed as chief executive. He had made a claim in the Employment Tribunal for unfair dismissal, but reserved the right to make further claims. The defendant argued that he was not estopped from pursuing those claims.
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 . .
Cited – Brisbane City Council v Attorney General for Queensland PC 1978
Lord Wilberforce approved Somervell LJ’s words in Greenhalgh: ‘This is the true basis of the doctrine in Henderson v Henderson and it ought only to be applied when the facts are such as to amount to an abuse: otherwise there is a danger of a party . .
Cited – Seele Austria Gmbh Co v Tokio Marine Europe Insurance Ltd TCC 17-Feb-2009
There will rarely be a finding of abuse of process without the court deeming the subsequent claim to amount to unjust harassment or oppression. . .
Cited – Arnold v National Westminster Bank Plc HL 1991
Tenants invited the court to construe the terms of a rent review provision in the sub-underlease under which they held premises. The provision had been construed in a sense adverse to them in earlier proceedings before Walton J, but they had been . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Estoppel
Updated: 17 July 2022; Ref: scu.329586