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Setting aside default judgment - Vinos v Marks & Spencer & CPR 7.5
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Agree that we could go around in circles! My best wishes for Christmas and New Year.
Issuing a second claim form is an easier point to address as there's case law for that - Aktas v Adepta. The distinction (I paraphrase) is that the issues have not been ruled upon, there's just been a procedural !!!!!! up, therefore the new claim is not an abuse. Obviously once the facts of the primary claim have been subject to any court determination res judicata principles apply, as noted.4
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