“…Mr Short and Mr Margo cite the observation of Langstaff P in Software Box v Gannon [2016] ICR 148 at paragraph 32 that “if the Rules are capable of being construed so as to provide that justice should prevail in individual cases, that construction is to be …”
“… clear that rule 12(2) rejections are not intended to give rise to cause of action or issue estoppels. As Langstaff P observed in Software Box Limited v Gannon [2016] ICR 148, EAT, at [41], “the fact that a complaint was made within time and then rejected does not, and should not, as a matter of principle, preclude the consideration…”