Legal News

Court of Appeal—abuse of process and prior arbitral awards (Michael Wilson v Sinclair)

Court of Appeal—abuse of process and prior arbitral awards (Michael Wilson v Sinclair)
Published on: 18 January 2017
Published by: LexisPSL
  • Court of Appeal—abuse of process and prior arbitral awards (Michael Wilson v Sinclair)
  • Original news
  • What are the practical implications of this case?
  • What gave rise to the strike out for abuse of process appeal?
  • What specific abuse of process issue did the appeal raise?
  • The law on abuse of process
  • Can the fact that the prior decision is an arbitral award (rather than a court judgment) give rise to abuse?
  • Why was this case not a rare case where litigating after the arbitral award did not amount to abuse?
  • Was the arbitral award admissible in the present proceedings?
  • Was the present claim an abuse of process?
  • More...

Article summary

Dispute Resolution analysis: The Court of Appeal has confirmed that a prior arbitration award can found an argument that subsequent litigation is an abuse of process, even where it is between parties who were not the same parties to the prior arbitration. However, the instances of when such abuse cases might arise will be ‘rare’ and, on the facts of the present case, this was not one of them. Accordingly the Court of Appeal allowed the appeal against Teare J’s decision to strike out the subsequent court proceedings for abuse of process. or take a trial to read the full analysis.

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