Friend v Civil Aviation Authority & Ors [2001] EWCA Civ 1204 (18 July 2001)

Friend v Civil Aviation Authority & Ors [2001] EWCA Civ 1204 (18 July 2001)

The Industrial Tribunal did not determine the substantive safety issue or the employer's conduct underlying the dismissal; therefore, issue estoppel does not bar the 1996 action, and the claimant is entitled to pursue his civil claims.

Citation
[2001] EWCA Civ 1204
Parties
Claimant/appellant: Brian Leonard Friend; Defendant/respondent: The Civil Aviation Authority; Defendant/respondent: Kenneth J Anderson; Defendant/respondent: Captain John G Mimpriss; Defendant/respondent: Captain Patricia A Richardson; Defendant/respondent: John E Page; Defendant/respondent: John W Saull; Defendant/respondent: Russell Williams
Jurisdiction
England and Wales
Judgment Date
18 July 2001
Procedural Posture
Appeal (civil) / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed in respect of the 1996 action; 1997 action withdrawn; permission to appeal to House of Lords refused.
Legal Topics
Issue Estoppel, Unfair Dismissal, Strike Out Applications, Abuse of Process, Malicious Falsehood, Conspiracy, Breach of Contract, Inducing Breach of Contract, Defamation
Employment Law Civil Procedure Issue Estoppel Unfair Dismissal Strike Out Applications Abuse of Process Malicious Falsehood Conspiracy +3 more

Case Brief

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Parties

Brian Leonard Friend

Claimant/appellant

The Civil Aviation Authority

Defendant/respondent

Kenneth J Anderson

Defendant/respondent

Captain John G Mimpriss

Defendant/respondent

Captain Patricia A Richardson

Defendant/respondent

John E Page

Defendant/respondent

John W Saull

Defendant/respondent

Russell Williams

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the 1996 action is barred by issue estoppel following an Industrial Tribunal decision
  2. 2 Whether the Industrial Tribunal's findings preclude the claimant from litigating the safety issue and causation of dismissal
  3. 3 Whether the claims against individual defendants constitute an abuse of process

Ratio Decidendi

The Industrial Tribunal did not determine the substantive safety issue or the employer's conduct underlying the dismissal; therefore, issue estoppel does not bar the 1996 action, and the claimant is entitled to pursue his civil claims.

Court Disposition

Appeal allowed in respect of the 1996 action; 1997 action withdrawn; permission to appeal to House of Lords refused.

Orders

  • The 1996 action is reinstated.
  • The 1997 action is withdrawn.