Rawlinson & Hunter Trustees SA v ITG Ltd & Anor (Re: Tchenguiz)

The application is an abuse of process because it seeks to re-litigate jurisdictional issues already determined, with no significant new evidence or material change of circumstances; the Claimants consciously chose not to deploy available evidence at the first hearing.

Parties: Claimant: Rawlinson & Hunter Trustees SA; Defendant: ITG Limited; Defendant: Bayeux Trustees Limited
Jurisdiction: England and Wales
Judgment Date: 10 June 2015
Procedural Posture: Civil / Ruling on Application for Permission to Re Amend Pleadings and Serve Out of Jurisdiction
Outcome: Application dismissed
Legal Topics: Abuse of Process, Issue Estoppel, Jurisdiction, Permission to Serve Out, Trust Litigation

Civil Procedure Trusts and Equity Abuse of Process Issue Estoppel Jurisdiction Permission to Serve Out Trust Litigation

Case Brief

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Parties

Rawlinson & Hunter Trustees SA

Claimant

ITG Limited

Defendant

Bayeux Trustees Limited

Defendant

Procedural Posture

Civil / Ruling on Application for Permission to Re Amend Pleadings and Serve Out of Jurisdiction

Legal Issues

1 Whether the application for permission to serve out of jurisdiction in relation to contract and estoppel claims constitutes an abuse of process
2 Whether issue estoppel prevents the application
3 Whether new evidence justifies a second application

Ratio Decidendi

Court Disposition

Application dismissed

Orders

The application for permission to serve pleadings containing the further claims out of the jurisdiction is dismissed.