Hi all
Sorry for this but I am wondering whether, from your various areas of law, you might have any knowledge of cases where a claimant started a claim in one forum (a tribunal) and then shortly before that was due to be heard decided to apply to the Courts (which also had jurisdiction) on an overlapping action. I'm looking at whether the subsequent Court case can be struck out as abusive: if not, whether the Court might direct that the first-seized tribunal should reach their decision anyway..
There isnt anything in my area on the subject. Hopefully you wont think I am being hideously lazy in asking people who know their respective areas..
0
0
My non litigationist understanding would be that there’s nothing to stop this. The claims might be “overlapping” but if the claimant has standing and the claims are discrete then there’s no problem.
A good example (and I’m betting isn’t a million miles from OP) is where someone makes a tribunal claim for constructive or wrongful dismissal and alleges bullying and also makes a personal injury claim for the mental illness such bullying caused. They both relate to the same facts but are different claims with separate routes to determination.
0
0
What ZG said. One might look at staying the Court claim until the Tribunal has done its thing to avoid double recovery (and the finding in one forum may influence settlement discussions in the other)
0
0
Oh no these are identical issues twice - I am thinking staying is as good as it will get. Thankfully the tribunal stuff will lead to cause of action and issue estoppel.
They also completely fluffed the pleadings before the tribunal (and the Court) so they are currently juggling half a dozen requests.
I'm coming over all Herbert Smithy/Mishcony
Join the discussion