| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 314 (Jan) |
| Court: | Queen's Bench Division |
| Judge: | Judge Eccles QC sitting as a judge of the High Court |
| Representation | William McCormick (instructed by Attwater & Liell) for the claimant. |
| Richard Lynagh QC and Stephen Worthington (instructed by Kennedys) for the defendant. | |
| Judgment Dates: | 31 January 2003 |
Catchwords
Estoppel - Issue estoppel - Res judicata - Determination of issue in earlier action - Earlier action disposed of by summary judgment - Ability of litigant to open issues in subsequent action.
The Case
Where the claimant had chosen not to contest an action, and summary judgment was entered against him in that action, he was prevented by the doctrine of issue estoppel from pleading issues in a Pt20 claim which were inherently contrary to the basis on which summary judgment had been entered.
Practice Areas
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