Wain v Sherwood and Sons Transport Ltd: CA 4 Jun 1998

Plaintiff, having succeeded in claim for damage to his car, was subject to an action estoppel, since he could have had the additional claim for personal injury damages settled at the same time. A mistake by his adviser which fell short of being actionable but which resulted in a party not being able to pursue a remedy was not enough to set aside an issue estoppel having once litigated the matter.


Times 16-Jul-1998, Gazette 24-Jun-1998, [1998] EWCA Civ 905


England and Wales


AppliedHenderson 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 . .
Lists of cited by and citing cases may be incomplete.

Estoppel, Litigation Practice

Updated: 10 April 2022; Ref: scu.90231