Evidence, Practice and Procedure: Estoppel and strike out - bars to re-litigation

Abuse of process and its related issue estoppel have been before family courts in reported decisions on at least three occasions in the past six months: Vince v Wyatt [2013] EWCA Civ 495 and T v M [2013] EWHC 1585 (Fam) Coleridge J were both strike-out applications; and in BP v KP NI and OI [2012] EWHC 2995 (Fam) Mostyn J considered a preliminary issue application based on H's assertion that W was prevented by issue estoppel from running a recklessness argument.

The relationship between these cases derives from the idea that a person should not be troubled twice by the same - or in the case of Vince any - litigation. The interrelationship between strike out and issue estoppel is explained by the House of Lords in Johnson v Gore Wood & Co [2002] 2 AC 1. The strike out jurisdiction derives from the common law and is formalised in family proceedings in...