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England and Wales decisions
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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.
Issue estoppel does not apply because the claim for deceit is a different cause of action from the prior claim for negligent misrepresentation, and the issues are not identical. The application of Henderson v Henderson abuse of process fails because, although SKAT should have notified the court of its intention to bring a fraud claim earlier (in breach of the Aldi guidance), there is no harassment, oppression, or prejudice to ED&F Man, and striking out the claim would be unjust.
Source excerpt
Skatteforvaltningen v MCML Ltd [2024] EWHC 148 (Comm) (02 February 2024)
The High Court refused to strike out SKAT’s deceit claim against MCML Ltd, holding that issue estoppel and Henderson abuse of process were not made out.
The High Court ruled on meaning and summary judgment in a libel claim over articles about Tariq Alsaifi and a teaching ban.
The High Court held that a claim for abuse of process based on judicial review threats had no realistic prospect of success and entered judgment for Fladgate.
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