ALDI Stores Ltd v WSP Group Plc & Ors [2007] EWHC 55 (TCC) (15 January 2007)

ALDI Stores Ltd v WSP Group Plc & Ors [2007] EWHC 55 (TCC) (15 January 2007)

The present action is an abuse of process because Aldi could and should have brought its claims against the defendants in the earlier proceedings. Allowing the action to proceed would unjustly harass the defendants by requiring them to face the same allegations and incur substantial costs for a second time. The efficient and just disposal of litigation requires that such re-litigation be prevented.

Citation
[2007] EWHC 55 (TCC)
Parties
Claimant: Aldi Stores Limited; Defendant: WSP Group PLC; Defendant: WSP London Limited; Defendant: Aspinwall & Company Limited
Jurisdiction
England and Wales
Judgment Date
15 January 2007
Procedural Posture
Application to Strike Out / Judgment on Application to Strike Out Claim as Abuse of Process
Outcome
Claim struck out as abuse of process; action dismissed.
Legal Topics
Abuse of Process, Res Judicata, Strike Out Applications, Professional Negligence, Warranties in Construction Contracts
Civil Procedure Construction Law Abuse of Process Res Judicata Strike Out Applications Professional Negligence Warranties in Construction Contracts

Case Brief

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Parties

Aldi Stores Limited

Claimant

WSP Group PLC

Defendant

WSP London Limited

Defendant

Aspinwall & Company Limited

Defendant

Procedural Posture

Application to Strike Out / Judgment on Application to Strike Out Claim as Abuse of Process

Legal Issues

  1. 1 Whether Aldi's claim against WSPG, WSPL, and Aspinwall constitutes an abuse of process under the rule in Henderson v Henderson
  2. 2 Whether Aldi should have brought its claims against the defendants in the earlier proceedings

Ratio Decidendi

The present action is an abuse of process because Aldi could and should have brought its claims against the defendants in the earlier proceedings. Allowing the action to proceed would unjustly harass the defendants by requiring them to face the same allegations and incur substantial costs for a second time. The efficient and just disposal of litigation requires that such re-litigation be prevented.

Court Disposition

Claim struck out as abuse of process; action dismissed.

Orders

  • Particulars of claim struck out pursuant to CPR r 3.4 and the inherent jurisdiction of the court.
  • Action dismissed.