- Cited — BT Plc v The Commissioners for HMRC 2023-12-04
“… on that issue. That seems to me to fall within the classic definition of issue estoppel (see Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46, [2014] AC 160 at [20] per Lord Sumption, citing the speech of Lord Keith in Arnold v National Westminster Bank plc [1991] 2 AC 93). Although there are very significant limit…”
- Considered — Peter Orji & Anor v Sukhdip Nagra & Anor 2023-11-06
“…in Wilson v McNamara at [57], Lord Sumption considered the Henderson v Henderson principle in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 36, [2014] AC 160 at [17], where he treated it as one of a number of disparate principles which he grouped together under the portmanteau term res judicata. As this label (“a th…”
- Cited — Denaxe Limited v Paul Cooper & Anor 2023-06-30
“…In Virgin Atlantic Airways v Zodiac Seats UK [2014] AC 160 (“Virgin”) at [17], Lord Sumption described res judicata as a portmanteau term for a number of principles based upon an underlying policy against abusive proce…”
- Cited — Damian Warburton v The Chief Constable of Avon and Somerset Constabulary 2023-03-02
“…The starting point (as confirmed by Lord Sumption in Virgin Atlantic Airways Ltd v Zodiac Seat UK Ltd [2013] UKSC 46, [2014] AC 160 at [18]) remains the statement of principle of Wigram V-C in Henderson. In that case the former business partner of a deceased sought an account against the es…”
- Considered — Vodafone Group Plc & Ors v IPCom GmbH & Co KG 2023-02-10
“…ourt considered the effect of the limitation by the Board of Appeal of claims in a patent in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 463, [2014] AC 160, where the patent had already been litigated in the UK courts. In 2009, the Court of Appeal had found that Virgin’s patent was valid, rejecting Zodiac’s claim …”
- Cited — Dr Reddy's Laboratories (UK) Limited & Ors v Warner-Lambert Company LLC 2023-02-01
“…even from cause of action estoppel and issue estoppel, let alone reliance-based estoppel: see Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46, [2014] AC 160 at [17]-[25] (Lord Sumption). Furthermore, Warner-Lambert is not relying upon rights protected by public policy. Warner-Lambert wishes to set up a defence to t…”
- Applied — Tyne and Wear Passenger Transport Executive (trading as Nexus) v National Union of Rail, Maritime and Transport Workers & Anor. 2022-10-27
“…[2013] UKSC 46, [2014] AC 160 at [22]), by which we are bound, cause of action estoppel and issue estoppel do not apply to points not raised in the earlier proceedings unless they could wit…”
- Cited — Koza Ltd & Anor. v Koza Altin Işletmeleri AS 2022-10-07
“…[2014] AC 160…”
- Considered — Credico Marketing Limited & Anor. v Benjamin Gregory Lambert & Anor. 2022-06-23
“…in this case will not bind a court considering another case where the facts may be different: see Virgin Atlantic Airways Ltd v Zodiac Seats Ltd[2013] UKSC 46, [2014] AC 160 (SC) per Lord Sumption, para. 17. The circumstances of other MCs may be different and that could lead to a different conclusion about the enforceability of the…”
- Distinguished — Neurim Pharmaceuticals (1991) Limited & Anor. v Generics (UK) Limited & Anor. 2022-03-29
“… necessary to consider whether it can be reconciled with the decision of the Supreme Court in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 36, [2014] AC 160 and, if so, whether this Court was right to distinguish it in Smith & Nephew plc v ConvaTec Technologies Inc [2015] EWCA Civ 803. For the present it suffices t…”
- Explained — David Greene v David Davies 2022-03-29
“…ul to have in mind, too, principles relating to issue estoppel. As Lord Sumption explained in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46, [2014] AC 160, at paragraph 17, “issue estoppel” describes the “principle that even where the cause of action is not the same in the later action as it was in the earlier on…”
- Cited — In the matter of Kings Solutions Group Limited 2021-12-17
“…The leading modern authority on the principles of res judicata and abuse of process is the decision of the Supreme Court in Virgin Atlantic v Zodiac Seats[2014] AC 160. In that case, Lord Sumption (with whose analysis of the principles the other members of the Supreme Court agreed) stated, at paragraph 25, that res judicata i…”
- Considered — Thomas v Luv One Luv All Promotions Ltd & Anor 2021-05-20
“…n considered the principles of res judicata. She referred to the decision of the Supreme Court in Virgin Atlantic Airways v Zodiac Seats UK Ltd [2013] UKSC 46, [2014] AC 160, and Special Effects Ltd v L’Oréal SA [2007] EWCA Civ 1, [2007] RPC 15. Based on those authorities, she held that there was no res judicata and no cause of act…”
- Followed — Unite the Union v Alec McfAdden 2021-02-19
“… number of authorities were cited to me, but it is sufficient to note that in paragraph 22 of his judgment in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2014] AC 160 Lord Sumption stated that Arnold v National Westminster Bank Plc [1991] 2 AC 93 is authority for the following propositions:…”
- Cited — Unite the Union v Alec McfAdden 2021-02-19
“…The starting point is the summary of the principles of res judicata in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46; [2014] AC 160, at paras. 17-26, where Lord Sumption JSC also cited the important decisions of the House of Lords in Arnold v National Westminster Bank [1991] 2 AC 93 and Joh…”
- Followed — Al-Siri, R (On the Application Of) v Secretary of State for the Home Department 2021-02-08
“…In Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46; [2014] AC 160 Lord Sumption JSC summarised the effect of Arnold in relation to issue estoppel as follows at [22]:…”
- Cited — Tinkler v Ferguson & Ors 2021-02-01
“…bstantive and procedural limitations have the common purpose of limiting abusive and duplicative litigation: Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd. [2014] AC 160 per Lord Sumption at [25].…”
- Cited — Tinkler v Ferguson & Ors 2021-02-01
“…ion to strike out on the grounds of abuse, described by Lord Sumption JSC in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) [2014] AC 160, para 17 as the application of a procedural rule against abusive proceedings, is a challenge to the judgment of the court below and not to the exercise of a di…”
- Applied — Wright v Granath 2021-01-15
“…ewell LJ at paragraph 48, that cause of action estoppel would apply because, as expressed by Lord Sumption in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2014] AC 160 at [26]:…”
- Cited — Pricewaterhousecoopers LLP v BTI 2014 LLC 2021-01-11
“…[2014] AC 160…”
- Cited — Hillside Parks Ltd v Snowdonia National Park Authority 2020-11-03
“… general principles of res judicata were correctly summarised by Lord Sumption JSC in Virgin Atlantic Airways Limited v Zodiac Seats UK Limited [2013] UKSC 46; [2014] AC 160, at paras. 17-26. In particular, at para. 17, Lord Sumption said that the phrase res judicata is “a portmanteau term which is used to describe a number of diff…”
- Cited — Koza Ltd & Anor v Koza Altin Isletmeleri AS 2020-07-31
“…ion to strike out on the grounds of abuse, described by Lord Sumption JSC in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) [2014] AC 160, para 17, as the application of a procedural rule against abusive proceedings, is a challenge to the judgment of the court below and not to the exercise of a d…”
- Followed — Salix Homes v Mantato 2019-03-20
“…een cause of action estoppel and abuse of process was given by Lord Sumption in Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK Ltd [2013] UKSC 46, [2014] AC 160. He said the following at [17]:…”
- Cited — Sartipy (aka Hamila Sartipy) v Tigris Industries Inc 2019-03-01
“…be that Mrs Sartiby is precluded from raising the argument by a cause of action estoppel (see Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46, [2014] AC 160 at paragraph [22]).…”
- Cited — Terry v BCS Corporate Acceptances Ltd & Ors 2018-11-02
“… summary of the doctrine of merger is to be found in the judgment of Lord Sumption in Virgin Atlantic Airways Limited v Zodiac Seats UK Limited [2013] UKSC 46, [2014] AC 160 at [17] in a paragraph addressing the general principles of res judicata:…”
- Cited — Srivatsa v Secretary of State for Health & Anor 2018-04-26
“…s of estoppel that arise out of legal proceedings is now the decision of the Supreme Court in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46, [2014] AC 160. That was a case of alleged patent infringement which had been the subject of a full trial and an appeal to this court. The result of those proceedings was a j…”
- Cited — Nottinghamshire Police v Gray, R. (On the Application of) 2018-01-22
“…xistence of a cause of action: Arnold v National Westminster Bank Plc (No. 1) [1991] 2 AC 93; Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46, [2014] AC 160 at [22].…”