Michael Wilson & Partners Ltd v Sinclair & Anor [2017]
Michael Wilson & Partners Ltd v Sinclair & Anor [2017] EWCA Civ 3 —13 January 2017 (Patten LJ)
“The Court of Appeal reversed a High Court order which had struck out a claim for abuse of process. The claimant had made a High Court claim against various defendants in respect of a matter already decided against it in an arbitration it brought against another. The High Court held that it was an abuse of process to advance by 'collateral attack' the same allegations already rejected by the arbitrators. The Court of Appeal disagreed, finding that the high threshold for abuse of process had not been met: the parties to the Court and arbitration proceedings were different; there were no qualifying 'special circumstances'; no manifest unfairness to the defendants or double vexation of a party and nothing to offend against the spirit of the issue estoppel rule.“
Antonino Cordopatri
E. G. Arghyrakis & Co.
18th January 2017http://www.bailii.orgiew/cases/EWCA/Civ/2017/3.html