The claimant was the former managing director of a company, which had been placed into administrative receivership. The claims were for breach of contract and conversion (in relation to antique furniture) and they were brought against the administrative receivers in their personal capacity.
Held: A second set of proceedings to cover matters which could have been dealt with in an earlier case would normally be an abuse of process. There may be exceptional circumstances where this did not apply. The availablility of funding to pursue a case would not be exceptional.
The claimant’s repeated attempts to re-litigate amounted to unjust harassment.
Judges:
Hirst, May LJJ, Sir John Knox
Citations:
Times 20-Nov-1998, [1998] EWCA Civ 1665, [1999] BPIR 376
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Foster v Bon Groundwork Ltd EAT 17-Mar-2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 25 November 2022; Ref: scu.145144