Appeal against summary dismissal of claim against the bank based on Henderson v Henderson.
Gloster LJ, commented on Buxton LJ’s observations in the Taylor Walton case: ‘Thus, in my view, what is required in the present case is ‘an intense focus on the facts of this case’, to determine whether in broad terms Mr Kotonou’s new proceedings can be characterised as falling under one or other, or both, of the broad rubrics of unfairness or the bringing of the administration of justice into disrepute. That approach involves not merely concentrating on the effect of the findings of fact made by the deputy judge (as the master and Morgan J did), but also addressing the much wider question as to whether this is a case which, in all the circumstances, engages the Henderson v Henderson principle. That holistic approach is to be preferred to the artificial exercise of attempting to decide whether, in circumstances not giving rise to cause of action or issue estoppel, there is, or is not a rule, that some additional element or ‘special factor’ is required, what such ‘special factor’ might be and whether it is present in the particular circumstances of the present case.’
Aikens, Kitchin, Gloster LJJ
[2015] EWA Civ 1106
Bailii
England and Wales
Citing:
See Also – National Westminster Bank Plc v Kotonou and Another ChD 19-Jun-2006
. .
See Also – National Westminster Bank Plc v Kotonou CA 26-Feb-2007
. .
Explained – Taylor Walton (A Firm) v Laing CA 15-Nov-2007
The appellants appealed against a refusal to strike out as an abuse of process the respondent’s claim against them for professional negligence in the drafting of development agreements.
Buxton LJ considered the nature of the enquiry on such an . .
See Also – National Westminster Bank v Kotonou ChD 11-Dec-2009
. .
Appeal from – Kotonou v National Westminster Bank Plc ChD 5-Jul-2010
. .
Cited by:
Cited – Michael Wilson and Partners Ltd v Sinclair and Another CA 13-Jan-2017
The appellant company sought to recover assets which, it said, had been acquired by a former partner in breach of his obligations under the partnership agreement, but which had been taken in the names of some of the respondents. There had been an . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 05 January 2022; Ref: scu.554266