Hossain & Ors v Sonali Bank & Anor

Hossain & Ors v Sonali Bank & Anor

The claim to include housing and foreign allowances in pension calculations could and should have been raised before the Employment Tribunal; its omission and subsequent attempt to litigate constitutes an abuse of process under Henderson v Henderson; the appeal is dismissed.

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 / Judgment
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Issue Estoppel, Finality of Litigation, Redundancy, Pension Entitlement
Employment Law Civil Procedure Abuse of Process Issue Estoppel Finality of Litigation Redundancy Pension Entitlement

Case Brief

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Parties

Mohammad Nazmul Hossain and others

Appellants

Sonali Bank

Respondent

Sonali Bank UK Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the claim to include housing and foreign allowances in pension calculations constitutes an abuse of process under Henderson v Henderson principles
  2. 2 Whether issue estoppel applies to the claim for increased pension quantum

Ratio Decidendi

The claim to include housing and foreign allowances in pension calculations could and should have been raised before the Employment Tribunal; its omission and subsequent attempt to litigate constitutes an abuse of process under Henderson v Henderson; the appeal is dismissed.

Court Disposition

appeal dismissed