*Nayif v The High Commission of Bruneu Darussalam

Estoppel – Issue estoppel. The claimant had issued proceedings in the employment tribunal against the defendant employer. He had brought his claim out of time and the tribunal declined to exercise its jurisdiction to hear the claim. Subsequently, the claimant issued proceedings in negligence and breach of contract in the High Court. His claim was struck out on the ground of issue estoppel. The Court of Appeal, Civil Division, allowed the claimant's appeal. It held that there was no justification for the principle applying in circumstances where there had been no actual adjudication of any issue and no action by a party which would justify him as having consented, either expressly or by implication, to having conceded the issue by choosing not to have the matter formally determined. The fact that there had been a substantive hearing of the issue of jurisdiction had not been enough to have brought the principle of issue estoppel into play.

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