Strandberg & Anr v Union Cal Ltd [2002] EWHC 1538 (Comm) (23 May 2002)

It is an abuse of process for investors to commence a new action relying on points not argued in the previous action where leave to appeal out of time was refused on those points.

Citation: [2002] EWHC 1538 (Comm)
Parties: Claimant: Strandberg & Anr; Defendant: Union Cal Ltd
Jurisdiction: England and Wales
Judgment Date: 23 May 2002
Procedural Posture: Commercial / Judgment
Outcome: claim dismissed as abuse of process
Legal Topics: Abuse of Process, Res Judicata, Investment Losses, Stock Market Negligence

Civil Procedure Commercial Law Abuse of Process Res Judicata Investment Losses Stock Market Negligence

Case Brief

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

Parties

Strandberg & Anr

Claimant

Union Cal Ltd

Defendant

Procedural Posture

Commercial / Judgment

Legal Issues

1 Whether it is an abuse of process for investors to commence a new action on points not argued in a previous action where leave to appeal out of time was refused.

Ratio Decidendi

It is an abuse of process for investors to commence a new action relying on points not argued in the previous action where leave to appeal out of time was refused on those points.

Court Disposition

claim dismissed as abuse of process

Orders

claim struck out