Source: All England Reporter
Publisher Citation: [2001] All ER (D) 350 (Feb)
Court: Court of Appeal, Civil Division

Peter Gibson, Mummery and Rix LJJ

Representation Toby Hooper QC (instructed by Hextall Erskine) for Securicor.
  Bruce Carr (instructed by Rowley Ashworth) for the claimants.
  John Taylor (instructed by Pinsent Curtis, Leeds) for Group 4.
Judgment Dates: 27 February 2001


Estoppel - Issue estoppel - Res judicata - Subsequent change in law showing earlier decision wrong - Unsuccessful party seeking to reopen case - Employment Appeal Tribunal finding claimants' employment not transferred - Whether change in law capable of bringing case within exception to issue estoppel.

The Case

On the facts of the instant case, there had not been a change in the law subsequent to the EAT's decision on the issues raised by the defendant in its defence to the county court actions and accordingly the defendant was unable to avail itself of the exception to the doctrine of issue estoppel.

Practice Areas

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