MAD Atelier International BV v Manès

Subject Matter

ESTOPPEL — Per rem judicatam — Issue estoppel — Judgment of foreign court — French court giving judgment in claim between claimant and companies wholly owned by controlling shareholder — Claimant subsequently starting proceedings against controlling shareholder in English court — Whether claim to be struck out as abuse of process on basis French judgment giving rise to issue estoppels — Whether foreign judgment capable of giving rise to issue estoppel in English proceedings if foreign legal system having no doctrine of issue estoppel — Whether parties or their privies identical in both sets of proceedings where shareholder and wholly-owned companies respectively being defendants

[2020] EWHC 1014 (Comm); [2020] QB 971; [2020] 3 WLR 631; [2020] WLR(D) 258, QBD