The WLR Daily case summaries
[2020] WLR(D) 258
Queen’s Bench Division
Mad Atelier International BV v Manes
[2020] EWHC 1014 (Comm)
2020 March 10, 11; April 28
Bryan J
Estoppel— Per rem judicatam— Issue estoppel— Judgment of foreign court— Foreign court giving judgment in claim between claimant and companies wholly owned by defendant controlling shareholder— Claimant subsequently starting proceedings before English court against defendant— Defendant applying to strike out claim on ground of abuse of process because foreign judgment giving rise to issue estoppels— Foreign legal system not having doctrine of issue estoppel— Whether foreign judgment capable of giving rise to issue estoppel before English court— Whether parties or their privies identical in both sets of proceedings where shareholder and wholly-owned companies respectively being defendants— Whether application to be granted