Hossain & Ors v Sonali Bank & Anor [2007] EWHC 1431 (QB) (19 June 2007)

Hossain & Ors v Sonali Bank & Anor [2007] EWHC 1431 (QB) (19 June 2007)

The claim regarding housing and foreign allowances could and should have been raised in the original Employment Tribunal proceedings. The late disclosure of the 1989 memo did not justify bringing a new claim, as it did not provide new or material information. The proceedings were therefore an abuse of process under the Henderson v Henderson principle, and the Master's decision to strike out the claim was correct.

Citation
[2007] EWHC 1431 (QB)
Parties
Appellants: Mohammad Nazmul Hossain and others; Respondent: Sonali Bank; Respondent: Sonali Bank UK Ltd
Jurisdiction
England and Wales
Judgment Date
19 June 2007
Procedural Posture
Appeal / Appeal From Master's Decision to Strike Out Claim for Abuse of Process
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Res Judicata, Issue Estoppel, Employment Tribunal Procedure, Pension Entitlements
Civil Procedure Employment Law Abuse of Process Res Judicata Issue Estoppel Employment Tribunal Procedure Pension Entitlements

Case Brief

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Parties

Mohammad Nazmul Hossain and others

Appellants

Sonali Bank

Respondent

Sonali Bank UK Ltd

Respondent

Procedural Posture

Appeal / Appeal From Master's Decision to Strike Out Claim for Abuse of Process

Legal Issues

  1. 1 Whether the claim regarding housing and foreign allowances is an abuse of process under Henderson v Henderson principles
  2. 2 Whether issue estoppel applies to prevent the claim
  3. 3 Whether late disclosure of the 1989 memo justified raising the claim in new proceedings

Ratio Decidendi

The claim regarding housing and foreign allowances could and should have been raised in the original Employment Tribunal proceedings. The late disclosure of the 1989 memo did not justify bringing a new claim, as it did not provide new or material information. The proceedings were therefore an abuse of process under the Henderson v Henderson principle, and the Master's decision to strike out the claim was correct.

Court Disposition

Appeal dismissed

Orders

  • Master's order striking out the claim for abuse of process affirmed