“…ier proceedings relied on as creating an estoppel, and those in the later action in which that estoppel is raised as a bar, must be the same: The Sennar (No 2) [1985] 1 WLR 490 at 499.…”
“…sion “on the merits” applicable to all circumstances. Most of the authorities on the point concern issue estoppel. That was the situation in The Sennar (No. 2) 1985 1 WLR 490, in which Lord Brandon, in a passage on which the appellant relies, said (at 499F-G):…”