Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
England and Wales decisions
Decisions matching the current search
The Employment Appeal Tribunal held that the claimant’s appeal against dismissal on withdrawal failed, finding no error in the tribunal’s Rule 52 analysis.
The High Court struck out Stema UK’s attempt to advance an Article 1(4) limitation defence, holding it was barred by finality and abuse of process.
Reseau De Transport D'electricite v Costain Ltd [2025] EWHC 73 (Admlty) (20 January 2025)
The High Court struck out Stema UK’s attempt to raise an Article 1(4) limitation defence, holding it was barred by res judicata, estoppel, and abuse of process.
Mahmood v KPMG LLP & Anor [2025] EWHC 15 (Ch) (14 January 2025)
The High Court struck out a repeat professional negligence claim as an abuse of process, held the claimant lacked standing after bankruptcy, and found the claim totally without merit.
The New Appeal is an abuse of process because it seeks to relitigate the same subject matter after the first appeal was struck out for procedural failures attributable to the appellant's representative. There is no special reason to depart from the general rule that the client bears the consequences of their representative's failures. Reliance on an incompetent adviser does not justify a second appeal.
Source excerpt
Neither cause of action estoppel, issue estoppel, nor abuse of process apply to prevent the appellants from bringing the 2022 appeals, as the deemed determination from the withdrawn Linden appeal was limited to supplies under the Merlin agreement and does not extend to the new appeals involving different contracts and periods; each supply must be considered on its own facts and economic reality.
Source excerpt
The Upper Tribunal dismissed Telent’s VAT appeal, holding that withdrawal of an earlier assessment appeal triggered section 85 VATA 1994 and barred relitigation by estoppel.
The Employment Appeal Tribunal held that the tribunal had misread the 2017 and 2021 claims and wrongly decided estoppel, Rule 52, and abuse of process.
Margulies v Margulies [2022] EWHC 2843 (Ch) (10 November 2022)
The High Court struck out Stephen Margulies’s claim against his brother Marcus, holding it was barred by res judicata and issue estoppel and was an abuse of process.
Withdrawal of the earlier appeal under VATA s 85(4) created a deemed agreement and judicial determination that VAT for the overlap periods was irrecoverable; cause of action estoppel, issue estoppel, and abuse of process bar the appellant from relitigating recovery of VAT for those periods.
Source excerpt
Explore more
