Akay v Newcastle University

Akay v Newcastle University

The personal injury claim was struck out as an abuse of process because it arose from the same facts as the previously struck out harassment claims in the Employment Tribunal, and no special reason was established for failing to bring the claim earlier. The Compromise Agreement did not preclude the Defendant from raising abuse of process or res judicata. The judge properly applied a broad, merits-based judgment and the overriding objective. Costs were awarded to the Defendant as the successful party.

Parties
Claimant/appellant: Professor Galip Akay; Defendant/respondent: Newcastle University
Jurisdiction
England and Wales
Judgment Date
25 June 2020
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Res Judicata, Strike Out Applications, Compromise Agreements, Costs Orders
Civil Procedure Employment Law Personal Injury Abuse of Process Res Judicata Strike Out Applications Compromise Agreements Costs Orders

Case Brief

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Parties

Professor Galip Akay

Claimant/appellant

Newcastle University

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the personal injury claim is an abuse of process due to prior proceedings in the Employment Tribunal
  2. 2 Whether the Compromise Agreement precludes the Defendant from raising abuse of process or res judicata
  3. 3 Whether there is a 'special reason' not to strike out the claim

Ratio Decidendi

The personal injury claim was struck out as an abuse of process because it arose from the same facts as the previously struck out harassment claims in the Employment Tribunal, and no special reason was established for failing to bring the claim earlier. The Compromise Agreement did not preclude the Defendant from raising abuse of process or res judicata. The judge properly applied a broad, merits-based judgment and the overriding objective. Costs were awarded to the Defendant as the successful party.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out as abuse of process
  • Claimant to pay Defendant's costs of the action and strike-out application