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 appeal was dismissed because the lower court judge applied the correct legal principles to the issues of abuse of process, affirmation, and prospects of success, and her discretionary case management decision to allow the claim to proceed was not wrong in law or outside the ambit of her discretion. The claimant was not barred from bringing the contract claim, had not affirmed the contract, and the claim disclosed arguable issues for trial.

Citation
[2021] EWHC 3328 (QB)
Parties
Appellant/defendant: University of East London; Respondent/claimant: Pearl Chuks
Jurisdiction
England and Wales
Judgment Date
01 December 2021
Procedural Posture
Appeal (from County Court to High Court) / Appeal Against Case Management Decision (strike Out/summary Judgment Refusal)
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Repudiatory Breach, Affirmation, Abuse of Process, Issue Estoppel, Justiciability, Strike Out Applications, Summary Judgment, Delay in Litigation
Contract Law Education Law Civil Procedure Breach of Contract Repudiatory Breach Affirmation Abuse of Process Issue Estoppel +4 more

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Parties

University of East London

Appellant/defendant

Pearl Chuks

Respondent/claimant

Procedural Posture

Appeal (from County Court to High Court) / Appeal Against Case Management Decision (strike Out/summary Judgment Refusal)

Legal Issues

  1. 1 Whether the claimant's contract claim is barred by issue estoppel or abuse of process for not being raised in prior judicial review proceedings
  2. 2 Whether the claimant affirmed the contract by settling the judicial review and seeking reinstatement
  3. 3 Whether the claim discloses a reasonable cause of action or has real prospects of success

Ratio Decidendi

The appeal was dismissed because the lower court judge applied the correct legal principles to the issues of abuse of process, affirmation, and prospects of success, and her discretionary case management decision to allow the claim to proceed was not wrong in law or outside the ambit of her discretion. The claimant was not barred from bringing the contract claim, had not affirmed the contract, and the claim disclosed arguable issues for trial.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the claim is to proceed to trial.