S Edey v London Borough of Lambeth & Anor

Strike out of claims relating to laptop retention and further particulars upheld on basis of abuse of process and lack of reasonable prospect of success; issue estoppel did not apply as findings were not necessary to previous decision; strike out of victimisation claim relating to later police report revoked as no findings on point in earlier judgment.

Parties: Appellant: Ms S Edey; First Respondent: London Borough of Lambeth; Second Respondent: Mr K McMahon
Jurisdiction: England and Wales
Judgment Date: 06 July 2022
Procedural Posture: Employment Appeal / Judgment on Appeal Against Strike Out Order
Outcome: Appeal allowed in part, dismissed in part
Legal Topics: Estoppel, Abuse of Process, Strike Out, Disability Discrimination, Victimisation, Direct Discrimination

Employment Law Civil Procedure Estoppel Abuse of Process Strike Out Disability Discrimination Victimisation Direct Discrimination

Case Brief

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 9 Party arguments 2

Parties

Ms S Edey

Appellant

London Borough of Lambeth

First Respondent

Mr K McMahon

Second Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal Against Strike Out Order

Legal Issues

1 Whether issue estoppel applies to strike out claims relating to retention of laptop
2 Whether abuse of process justifies strike out of claims
3 Whether complaints in further particulars were raised in original claim

Ratio Decidendi

Court Disposition

Appeal allowed in part, dismissed in part

Orders

Strike out of claims relating to laptop retention and further particulars upheld
Strike out of victimisation claim relating to later police report revoked