Estoppel
Buckinghamshire Council v FCC Buckinghamshire Ltd [2025] EWHC 310 (TCC)
The Technology and Construction Court dismissed the defendant’s application to strike out the claimant’s remaining contract claim on the argument that it was an attempt to relitigate issues already decided as regards the proper construction of a project agreement on the grounds of abuse of process based on either issue estoppel or Henderson abuse. The judge found no issue estoppel abuse as the contract claim, though related to issues decided in an earlier trial, raised a fundamentally different issue. The judge also found no Henderson abuse, as the claimant had not unreasonably failed to raise the contract claim earlier and it was unlikely that raising it earlier would have led to different case management decisions.
Family proceedings
West Sussex County Council v AB and another [2025] EWCA Civ 132
The Court of Appeal allowed the local authority’s appeal and set aside the care order placed on a minor which was considered beyond parental control in the care of the local authority under a final care order. The court
