Spicer & Anor v Tuli & Anor

Spicer & Anor v Tuli & Anor

The receivers did not intend to abandon their claim when the first action was dismissed by consent; the technical error in the consent order does not bar the second action by cause of action estoppel, nor does it constitute abuse of process. The appeal is dismissed.

Parties
Appellants: Spicer & Shinners; Respondents: Tuli & Anr
Jurisdiction
England and Wales
Judgment Date
29 May 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Cause of Action Estoppel, Possession Proceedings, Consent Orders
Civil Procedure Property Law Abuse of Process Cause of Action Estoppel Possession Proceedings Consent Orders

Case Brief

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Parties

Spicer & Shinners

Appellants

Tuli & Anr

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the dismissal of the first possession action by consent operates as a cause of action estoppel barring a second action
  2. 2 Whether the second possession action constitutes an abuse of process

Ratio Decidendi

The receivers did not intend to abandon their claim when the first action was dismissed by consent; the technical error in the consent order does not bar the second action by cause of action estoppel, nor does it constitute abuse of process. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.