Agbenowossi -Koffi V Donvand Ltd (t/a Gullivers Travel Associates) (Practice and Procedure : Striking-out/dismissal) [2013] UKEAT 0337_12_0609 (06 September 2013)
The Employment Tribunal's dismissal of the original claim for want of jurisdiction is binding and creates cause of action estoppel; the subsequent claims, raised only to revive the original claim, constitute an abuse of process and were properly struck out.
Source-derived case information.
- Citation
- [2013] UKEAT 0337_12_0609
- Parties
- Appellant: Claimant; Respondent: Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 06 September 2013
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Estoppel, Abuse of Process, Striking Out, Time Limits, Racial Discrimination
Source-derived case record
Summary, issues, holding and outcome
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Parties
Claimant
Appellant
Respondent
Respondent
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Legal Issues
- 1 Whether the original claim is barred by cause of action estoppel
- 2 Whether subsequent claims constitute an abuse of process
Ratio Decidendi
The Employment Tribunal's dismissal of the original claim for want of jurisdiction is binding and creates cause of action estoppel; the subsequent claims, raised only to revive the original claim, constitute an abuse of process and were properly struck out.
Court Disposition
Appeal dismissed
Orders
- Original claim barred by cause of action estoppel
- Subsequent claims struck out as abuse of process
Full Case Text
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