Tyne and Wear Passenger Transport Executive t/a Nexus v National Union of Rail, Maritime and Transport Workers & Anor

Tyne and Wear Passenger Transport Executive t/a Nexus v National Union of Rail, Maritime and Transport Workers & Anor

The claimant is not estopped by cause of action or issue estoppel from pursuing rectification of the Letter Agreement because the mistake issue was not and could not have been determined in the Anderson proceedings, and the parties are not privies. The proceedings are not an abuse of process, and the Letter Agreement is susceptible to rectification. The claim is not barred by laches, acquiescence, or delay.

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
Civil (rectification of Collective Agreement) / Preliminary Issue and Application to Strike Out or for Summary Judgment
Outcome
Claimant succeeds on the preliminary issue; defendants' application to strike out or for summary judgment dismissed.
Legal Topics
Rectification of Documents, Estoppel (cause of Action and Issue), Abuse of Process, Collective Agreements, Laches and Acquiescence
Employment Law Equity Civil Procedure Rectification of Documents Estoppel (cause of Action and Issue) Abuse of Process Collective Agreements Laches and Acquiescence

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

Civil (rectification of Collective Agreement) / Preliminary Issue and Application to Strike Out or for Summary Judgment

Legal Issues

  1. 1 Whether the claimant is estopped by cause of action or issue estoppel from pursuing rectification of a collective agreement
  2. 2 Whether the proceedings are an abuse of process
  3. 3 Whether the Letter Agreement (a collective agreement) is susceptible to rectification

Ratio Decidendi

The claimant is not estopped by cause of action or issue estoppel from pursuing rectification of the Letter Agreement because the mistake issue was not and could not have been determined in the Anderson proceedings, and the parties are not privies. The proceedings are not an abuse of process, and the Letter Agreement is susceptible to rectification. The claim is not barred by laches, acquiescence, or delay.

Court Disposition

Claimant succeeds on the preliminary issue; defendants' application to strike out or for summary judgment dismissed.

Orders

  • Claimant is not estopped from pursuing its claim for rectification.
  • Defendants' application to strike out the Particulars of Claim or for summary judgment is dismissed.