Meretz Investments NV v ACP Ltd

Subject Matter

ESTOPPEL — Per rem judicatam — Cause of action estoppel — Claims for breach of contract — Previous actions concerning same contracts — Whether claimants able to allege in subsequent proceedings that same incident amounting to breach of different obligation under same contracts — Whether abuse of process to advance arguments which could have been raised in previous actions

[2006] EWHC 74 (Ch); [2007] Ch 197; [2007] 2 WLR 403; [2006] 3 All ER 1029, Ch D

MORTGAGE — Sale by mortgagee — Mortgagee's duty — Mortgagee exercising power of sale of development lease in order to realise security — Whether improper purpose — One of mortagagee's purposes to recover debt due — Whether mortgagee requiring purity of purpose in order for sale to be valid — Sale preventing mortgagor fulfilling contractual obligations — Whether contractual rights affected by sale protected by remedy in damages

[2006] EWHC 74 (Ch); [2007] Ch 197; [2007] 2 WLR 403; [2006] 3 All ER 1029, Ch D

[2007] EWCA Civ 1303; [2008] Ch 244; [2008] 2 WLR 904, CA

TORT — Cause of action — Conspiracy — Unlawful means conspiracy — Inducing breach of contract — Second claimant granting development lease to first defendant — First defendant granting charge over lease to second defendant — Second defendant selling lease to fifth defendant in exercise of mortgagee's power of sale — Defendants aware that sale rendering fulfilment of first defendant's contractual obligations to claimants impossible — Whether defendants having necessary intention to induce breach of contract or to cause loss — Whether intention capable of subsisting where defendant believing himself entitled to act as he did to protect his interests — Whether inducement or unlawful means where loss resulting from defendant's exercise of contractual right

[2006] EWHC 74 (Ch); [2007] Ch 197; [2007] 2 WLR 403; [2006] 3 All ER 1029, Ch D

[2007] EWCA Civ 1303; [2008] Ch 244; [2008] 2 WLR 904, CA

Appellate History

Commentary

Blackstones Civil Practice 2023
Abuse of Process - Relitigation and res judicata - Henderson v Henderson abuse 33.18