Source: All England Reporter
Publisher Citation: [1997] All ER (D) 55
Court: Court of Appeal, Civil Division
Judge:

Beldam, Potter LJJ and Sir John Balcombe

Representation Giles Wingate-Saul QC and Mark Cawson (instructed by Grainger King & Hynes) for the plaintiff.
  Duncan Ouseley QC and Hodge Malek (instructed by Stewarts) for the defendant.
Judgment Dates: 6 November 1997

Catchwords

Interlocutory proceedings - Application to strike out - Estoppel per rem judicatam -Plaintiff's claim for recovery of loan - First action based on oral agreement - Action dismissed - Plaintiff bringing second action in his company's name based on written agreement - Whether claim to be struck out on basis of estoppel.

The Case

Practice Areas

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