Source: All England Reporter
Publisher Citation: [2016] All ER (D) 132 (Nov)
Neutral Citation: [2016] EWHC 2916 (QB)
Court: Queen's Bench Division

Nicol J

Representation Giles Bedloe (instructed by CJ Jones LLP) for C.
  Thomas Cordrey (instructed by the Government Legal Department) for the Secretary of State.
  Mugni Islam-Choudhury (instructed by In-house Legal) for D2.
Judgment Dates: 18 November 2016


Estoppel - Res judicata - Issue estoppel - Claimant (C) bringing proceedings in the employment tribunal (tribunal) - Tribunal proceedings being withdrawn - C bringing breach of contract and tortious conspiracy claim in High Court based on same facts as tribunal proceedings - Tribunal proceedings being dismissed and Employment Appeal Tribunal upholding dismissal - Whether C estopped from bringing High Court claim pursuant to res judicata principles - Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, - Transfer of Undertakings (Protection of Employment) Regulations 2006, - Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, - CPR Pt 11.

The Case

Estoppel Res judicata. The Queen's Bench Division held that the claimant general practitioner was estopped from pursuing his claim in the High Court for breach of contract and tortious conspiracy, in circumstances where he had previously brought a claim in the employment tribunal, and the previous claim, which had been based upon the same factual foundation as the present claim, had been dismissed upon withdrawal by the claimant.

Practice Areas

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