Hossain & Ors v Sonali Bank & Anor

Hossain & Ors v Sonali Bank & Anor

The application raises arguable points regarding whether the claim is an abuse of process, given the procedural history and the conduct of the parties. The matter is sufficiently complex and may involve an important point of principle, justifying adjournment for consideration by a full court.

Parties
Appellant: Hossain & Others; Respondent: Sonali Bank & Another
Jurisdiction
England and Wales
Judgment Date
26 February 2008
Procedural Posture
Civil Appeal / Application for Permission to Appeal; Adjournment for Hearing Before a Full Court
Outcome
Application adjourned
Legal Topics
Abuse of Process, Res Judicata, Pension Entitlements, Appeal Procedure
Civil Procedure Employment Law Abuse of Process Res Judicata Pension Entitlements Appeal Procedure

Case Brief

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Parties

Hossain & Others

Appellant

Sonali Bank & Another

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal; Adjournment for Hearing Before a Full Court

Legal Issues

  1. 1 Whether the High Court claim is an abuse of process under the Henderson v Henderson principle
  2. 2 Whether the claim could and should have been raised in the Employment Tribunal
  3. 3 Whether there is an important point of principle or compelling reason to grant permission to appeal

Ratio Decidendi

The application raises arguable points regarding whether the claim is an abuse of process, given the procedural history and the conduct of the parties. The matter is sufficiently complex and may involve an important point of principle, justifying adjournment for consideration by a full court.

Court Disposition

Application adjourned

Orders

  • Application for permission to appeal adjourned to be heard by a full court
  • Notice to be given to the respondent bank