*/
Estoppel – Res judicata. Following the quashing of search warrants in respect of the claimants' property, the defendant Director of the Serious Frauds Office (the SFO) conceded liability for trespass to land. The SFO subsequently sought to rely on defences of justification and immunity. The judge held that the principle of res judicata did not operate to exclude any defence by the SFO to the claimants' private law claim in trespass. The claimants appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had been manifestly right to find that no estoppel had operated to prevent the SFO from raising the defences.
Estoppel – Res judicata. Following the quashing of search warrants in respect of the claimants' property, the defendant Director of the Serious Frauds Office (the SFO) conceded liability for trespass to land. The SFO subsequently sought to rely on defences of justification and immunity. The judge held that the principle of res judicata did not operate to exclude any defence by the SFO to the claimants' private law claim in trespass. The claimants appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had been manifestly right to find that no estoppel had operated to prevent the SFO from raising the defences.
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
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James Onalaja concludes his two-part opinion series
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In a two-part opinion series, James Onalaja considers the International Criminal Court Prosecutor’s requests for arrest warrants in the controversial Israel-Palestine situation