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New Claim after being struck out
twotones11
Posts: 1 Newbie
A previous employer made a claim last year in regards to a breach of contract. The case dragged but was struck out earlier this year. Recently the claimant has issued a brand new claim (new case number) once again for the same reason as the previous case. It was my understanding that this couldn't be done? As what is to stop the claimant to continue to harass me and continue issue new claims, for the same reason? In my response, can citing the previous case number (which was struck out) be enough for the claim to be struck out again or would the court treat this as a new case again?
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Comments
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You do realise that this is a private parking forum? Mission drift!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Notwithstanding it is the wrong forum, look up Action Estoppel.0
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Cause of Action Estoppel
In essence, yes, if the claim was struck out (not discontinued, different meaning!) then they have lost and cannot try again
I Would suggest in this case an obvious counterclaim for a few hundred quid.1 -
I'm not sure that's right.nosferatu1001 said:Cause of Action Estoppel
In essence, yes, if the claim was struck out (not discontinued, different meaning!) then they have lost and cannot try again
I Would suggest in this case an obvious counterclaim for a few hundred quid.
It would depend on the reasons why the original claim was struck out. If it was for procedural reasons, eg particulars not compliant with CPR 16.4, failed to file DQ, failed to pay trial fee, etc., then it can be re-litigated as a new claim.
If however, it was struck out because the claim was deemed to be an abuse of process, or because it disclosed no real prospect of success, than cause of action estoppel would apply.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.1
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