header-logo header-logo

20 February 2015 / Bayo Randle
Issue: 7641 / Categories: Features , Employment
printer mail-detail

What’s the alternative?

Bayo Randle outlines issue estoppel in jurisdiction disputes

In the recent decision of Nayif v High Commission of Brunei Darussalam [2014] EWCA Civ 1521, [2014] All ER (D) 297 (Nov) the Court of Appeal restricted the application of the doctrine of issue estoppel and in doing so handed a victory to claimants. A litigant will no longer be estopped from litigating an issue in an alternative forum if a claim in respect of that issue was dismissed in an earlier forum for lack of jurisdiction, provided there has been no consideration of the merits.

Background

Mr Nayif brought a claim in the employment tribunal against his former employer in October 2011. The claim was in respect of bullying, harassment and abuse which took place between 2003 and 2010 and which Mr Nayif alleged was attributable to race discrimination and caused him psychiatric harm.

The employment tribunal would only have jurisdiction to hear the claim if it was brought within three months of the act in respect of which the complaint was made and failing that,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
back-to-top-scroll