University Of East London v Chuks [2021] EWHC 3328 (QB) (01 December 2021)

University Of East London v Chuks [2021] EWHC 3328 (QB) (01 December 2021)

The judge below correctly applied the principles of issue estoppel, affirmation, and case management discretion. The claim for damages was not required to be included in the judicial review, there was no unequivocal affirmation of the contract, and the claim is justiciable. The judge's decision not to strike out or grant summary judgment was within the proper ambit of discretion and not plainly wrong.

Citation
[2021] EWHC 3328
Parties
Appellant/defendant: University of East London; Respondent/claimant: Pearl Chuks
Jurisdiction
England and Wales
Judgment Date
01 December 2021
Procedural Posture
Appeal / Appeal From Case Management Decision (strike Out/summary Judgment)
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Repudiatory Breach, Affirmation, Issue Estoppel, Abuse of Process, Justiciability, Delay, Case Management Discretion
Contract Law Education Law Civil Procedure Breach of Contract Repudiatory Breach Affirmation Issue Estoppel Abuse of Process +3 more

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Parties

University of East London

Appellant/defendant

Pearl Chuks

Respondent/claimant

Procedural Posture

Appeal / Appeal From Case Management Decision (strike Out/summary Judgment)

Legal Issues

  1. 1 Whether the claim for damages for breach of contract is barred by issue estoppel or abuse of process due to prior judicial review proceedings
  2. 2 Whether the claimant affirmed the contract by settling the judicial review
  3. 3 Whether the claim has real prospects of success

Ratio Decidendi

The judge below correctly applied the principles of issue estoppel, affirmation, and case management discretion. The claim for damages was not required to be included in the judicial review, there was no unequivocal affirmation of the contract, and the claim is justiciable. The judge's decision not to strike out or grant summary judgment was within the proper ambit of discretion and not plainly wrong.

Court Disposition

Appeal dismissed

Orders

  • The claim proceeds to trial.
  • No strike out or summary judgment granted.