Steenberg & Anor v Enterprise Inns Plc & Anor

Steenberg & Anor v Enterprise Inns Plc & Anor

The consent order only precluded claims of which the parties were aware at the date of the order; the claimants were not aware of the facts giving rise to the second action at that time. The judge erred in construing the consent order to bar the second action and in adopting a flawed and unfair procedure by ruling before the close of the claimants' case.

Parties
Appellant: Henning Steenberg; Appellant: Marilyn Louden; Respondent: Enterprise Inns Plc; Respondent: Andrew Clifford
Jurisdiction
England and Wales
Judgment Date
10 March 2010
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
appeal allowed
Legal Topics
Private Nuisance, Abuse of Process, Consent Order Interpretation, Res Judicata, Procedural Fairness
Civil Procedure Tort Private Nuisance Abuse of Process Consent Order Interpretation Res Judicata Procedural Fairness

Case Brief

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Parties

Henning Steenberg

Appellant

Marilyn Louden

Appellant

Enterprise Inns Plc

Respondent

Andrew Clifford

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether the claimants' second action in nuisance was precluded by a prior consent order settling an earlier action between the parties
  2. 2 Whether the trial judge erred in construing the consent order to bar the second action
  3. 3 Whether the trial judge adopted an unfair procedure by ruling on a preliminary issue before the close of the claimants' case

Ratio Decidendi

The consent order only precluded claims of which the parties were aware at the date of the order; the claimants were not aware of the facts giving rise to the second action at that time. The judge erred in construing the consent order to bar the second action and in adopting a flawed and unfair procedure by ruling before the close of the claimants' case.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The matter is remitted for retrial before a different judge.