Saulawa & Anor v Abeyratne & Anor

Saulawa & Anor v Abeyratne & Anor

Permission to bring fresh proceedings was refused because the settlement agreement and consent order were valid and amounted to a final resolution; the attempt to re-litigate was a collateral attack on an arbitration award and an abuse of process.

Parties
Claimant: Captain Saulawa; Claimant: Aquashield; Defendant: Captain Abeyratne; Defendant: Prime Gulf Technical Services (UK) Limited
Jurisdiction
England and Wales
Judgment Date
25 July 2018
Procedural Posture
Civil / Judgment on Applications to Bring Proceedings and Strike Out Claim
Outcome
Claimants' application dismissed; claim struck out as abuse of process; costs awarded to defendants on indemnity basis.
Legal Topics
Discontinuance, Permission to Bring Fresh Claim, Abuse of Process, Costs Assessment
Civil Procedure Contract Law Discontinuance Permission to Bring Fresh Claim Abuse of Process Costs Assessment

Case Brief

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Parties

Captain Saulawa

Claimant

Aquashield

Claimant

Captain Abeyratne

Defendant

Prime Gulf Technical Services (UK) Limited

Defendant

Procedural Posture

Civil / Judgment on Applications to Bring Proceedings and Strike Out Claim

Legal Issues

  1. 1 Whether permission should be granted to bring proceedings after discontinuance under CPR 38.7
  2. 2 Whether the claim should be struck out as an abuse of process
  3. 3 Validity and effect of the Interim Settlement Agreement

Ratio Decidendi

Permission to bring fresh proceedings was refused because the settlement agreement and consent order were valid and amounted to a final resolution; the attempt to re-litigate was a collateral attack on an arbitration award and an abuse of process.

Court Disposition

Claimants' application dismissed; claim struck out as abuse of process; costs awarded to defendants on indemnity basis.

Orders

  • Claimants' application for permission to bring proceedings dismissed.
  • Claim struck out under CPR 3.4 as abuse of process.