- Rule in Henderson v Henderson can apply to events up to the hearing of earlier claim (News, 6 January 2017)
- Impact of this case
- Relevant law
- Background and decision of employment tribunal
- Judgment of the EAT
The rule in Henderson v Henderson, which potentially allows claims to be struck out as an abuse of process when they could and should have been raised in earlier proceedings, is not limited to matters occurring up to the date of lodgement of the earlier proceedings. It may be an abuse of process under the rule in Henderson v Henderson for a party to fail to amend to include all live issues between the parties occurring prior to the full merits determination of the earlier claim. This is because it is common ground that, following the judgment in Prakash v Wolverhampton CC, it is possible to amend a claim to include matters occurring after its presentation. EAT: London Borough of Haringey v O’Brien.
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