Sentences with phrase «issue estoppel arose»

It is likely that the unsuccessful respondent will be unable to re-litigate the allegations that founded an award for (for example) unfair dismissal in PHA 1997 proceedings, as an issue estoppel arises: «Where a particular issue forming a necessary ingredient in the cause of action has been litigated and decided and in subsequent proceedings between the same parties involving a different cause of action to which the same issue is relevant one of the parties seeks to reopen that issue» (Arnold v National Westminster Bank plc [1991] 2 AC 93, [1991] 3 All ER 41, per Lord Keith of Kinkel).

Not exact matches

Sophie frequently advises on procedural and evidential issues arising in the course of litigation including disclosure, privilege, costs and jurisdictional matters, including the territorial jurisdiction of the Employment Tribunal, choice of forum (Employment Tribunal / High Court), time points, illegality, employee status and issue estoppel.

In a case of this nature, however, the doctrine of «issue estoppel» as also»cause of action estoppel» may arise.

In case of Bhanukumar Jain Versus Archana Kumar (2005) 1 SCC 787 the Supreme Court has held that a cause of action estoppel arises wherein two different proceedings identical issues are raised in which event the later proceedings between the same parties shall be dealt with similarly as was done in the previous proceedings.

It is submitted that a cause of action estoppel arises where in two different proceedings identical issues were raised, in which event the later proceedings between the same Parties shall be dealt with similarly as was done in the previous proceedings.