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. Bayo Randle studies the decision in-depth and highlights some of its wider implications.
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