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Practice – Striking out. A claim had already been issued by G, the claimant, against L, the defendant, and dismissed. G sought to bring a new claim, raising, among other things, a trusts argument. L applied to strike out the new claim. The Chancery Division held that, among other things, a form of cause of action estoppel would apply, and it would be an abuse to allow the proceedings to continue.
Practice – Striking out. A claim had already been issued by G, the claimant, against L, the defendant, and dismissed. G sought to bring a new claim, raising, among other things, a trusts argument. L applied to strike out the new claim. The Chancery Division held that, among other things, a form of cause of action estoppel would apply, and it would be an abuse to allow the proceedings to continue.
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