The following Dispute Resolution Q&A produced in partnership with Ali Tabari of St Philips Chambers provides comprehensive and up to date legal information covering:
The court’s discretion to strike out a case as an abuse of process under CPR 3.4(2)(b) incorporates a number of different rules, including those that may loosely be termed res judicata and Henderson abuse, namely: (i) the rule against relitigating matters already decided (the res judicata of cause of action estoppel and issue estoppel), and (ii) the rule against litigating matters which ought to have been raised in previous proceedings but were not (the rule in Henderson v Henderson). These two doctrines are often brought in the context of applying to strike out proceedings as abusive under CPR 3.4(2)(b) and, although there is a degree of overlap, the two concepts are distinct. See Practice Note: Res judicata and Henderson abuse.
Generally, for a claim to be struck out or barred as res judicata, the substantive issues must have been determined by a competent tribunal already; alternatively, there must have been a determination which could properly have dealt with the
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The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a
Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model
Arms length management organisations (ALMOs)An arms length management organisation (ALMO) is a not-for-profit company that provides housing services on behalf of a local housing authority (LHA). Usually an ALMO is set up by the LHA to manage and improve all or part of its housing stock with the LHA
Highways, street works and statutory undertakersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see: Traffic Orders Procedure (Coronavirus)
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