Tyne and Wear Passenger Transport Executive t/a Nexus v National Union of Rail, Maritime and Transport Workers & Anor [2021] EWHC 1388 (Ch) (28 May 2021)

Tyne and Wear Passenger Transport Executive t/a Nexus v National Union of Rail, Maritime and Transport Workers & Anor [2021] EWHC 1388 (Ch) (28 May 2021)

The claimant is not estopped from pursuing rectification as the cause of action and issues in the present proceedings are distinct from those in the Anderson proceedings; rectification is not confined to legally binding contracts; the claim is not an abuse of process; laches, acquiescence and delay do not bar the claim.

Citation
[2021] EWHC 1388 (Ch)
Parties
Claimant: Tyne and Wear Passenger Transport Executive t/a Nexus; First Defendant: National Union of Rail, Maritime and Transport Workers; Second Defendant: Unite the Union
Jurisdiction
England and Wales
Judgment Date
28 May 2021
Procedural Posture
Claim for Rectification of Collective Agreement / Preliminary Issue and Application to Strike Out or for Summary Judgment
Outcome
Claimant not estopped; defendants' application to strike out or for summary judgment dismissed; rectification claim to proceed.
Legal Topics
Rectification, Estoppel, Collective Agreements, Abuse of Process, Laches, Acquiescence, Delay
Employment Law Equity Contract Law Rectification Estoppel Collective Agreements Abuse of Process Laches +2 more

Case Brief

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Parties

Tyne and Wear Passenger Transport Executive t/a Nexus

Claimant

National Union of Rail, Maritime and Transport Workers

First Defendant

Unite the Union

Second Defendant

Procedural Posture

Claim for Rectification of Collective Agreement / Preliminary Issue and Application to Strike Out or for Summary Judgment

Legal Issues

  1. 1 Whether the claimant is estopped from pursuing rectification of the Letter Agreement
  2. 2 Whether the claim for rectification is an abuse of process
  3. 3 Whether the Letter Agreement is susceptible to rectification

Ratio Decidendi

The claimant is not estopped from pursuing rectification as the cause of action and issues in the present proceedings are distinct from those in the Anderson proceedings; rectification is not confined to legally binding contracts; the claim is not an abuse of process; laches, acquiescence and delay do not bar the claim.

Court Disposition

Claimant not estopped; defendants' application to strike out or for summary judgment dismissed; rectification claim to proceed.

Orders

  • Defendants' application to strike out Particulars of Claim or for summary judgment dismissed.
  • Claimant permitted to pursue rectification claim.