- Cited — Tyne and Wear Passenger Transport Executive (trading as Nexus) v National Union of Rail, Maritime and Transport Workers & Anor. 2022-10-27
“…an issue even where it was neither a party to the previous proceedings nor their privy. That was decided by this Court in Aldi Stores Group Ltd v WSP Group plc [2007] EWCA Civ 1260, [2008] 1 WLR 748. In that case the claimant sought to raise a claim against two defendants based on allegations which it had already raised against other defe…”
- Cited — Anish Nambiar v Solitair Limited 2022-08-09
“…[2007] EWCA Civ 1260…”
- Considered — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…upon balancing a large number of factors, the question for this court is whether or not the Judge reached the right answer (see Aldi Stores Ltd v WSP Group plc [2007] EWCA Civ 1260, [2008] 1 WLR 748 at para. [16]). The court can interfere if it considers the decision to be wrong by reason of some identifiable flaw in the treatment of the …”
- Cited — Mark Damien Clarkson v Future Resources FZE & Ors. 2022-02-24
“…hester proceedings, since they could and should have been, had he wished to pursue his allegations of fraud and conspiracy (see Aldi Stores Ltd v WSP Group Plc [2007] EWCA Civ 1260, [2008] 1 WLR 748).…”
- Cited — Bilta (UK) Ltd & Ors v Tradition Financial Services Ltd 2021-02-22
“…[2007] EWCA Civ 1260, [2008] 1 WLR 748, paragraph 16) the decision at First Instance must prevail.”…”
- Cited — Pricewaterhousecoopers LLP v BTI 2014 LLC 2021-01-11
“…gainst Sequana and the directors failed) BTI intended to pursue the second claim against PwC. As in the case of the claimant in Aldi Stores Ltd v WSP Group plc [2007] EWCA Civ 1260; [2008] 1 WLR 748, BTI had made its position in relation to the second claim clear: see per Thomas LJ at [21][22].…”
- Cited — AB Volvo (Publ) & Ors v Ryder Ltd & Ors 2020-11-11
“…he facts, that is in my judgment misplaced. Ms Demetriou rightly drew our attention to what was said by Thomas LJ in Aldi Stores Ltd v WSP Group plc and others [2007] EWCA Civ 1260 about the role of the appellate court when reviewing a decision on abuse of process. The Court rejected the suggestion that the lower court’s decision was arri…”
- Cited — AB Volvo (Publ) & Ors v Ryder Ltd & Ors 2020-11-11
“…to take account of material factors, erred in principle or come to a conclusion that was impermissible or not open to it” (see Aldi Stores Ltd v. WSP Group plc [2007] EWCA Civ 1260, [2008] 1 WLR 748, at [16]). This is a high threshold.…”
- Cited — Hussain v Vaswani & Ors 2020-09-18
“… the range of decisions reasonably open to the judge. See Mersey Care NHS Trust v Ackroyd [2007] EWCA Civ 101 , at paras 35–36, Aldi Stores Ltd v WSP Group plc [2007] EWCA Civ 1260; [2008] 1 WLR 748, at para 16, Stuart v Goldberg Linde [2008] EWCA Civ 2; [2008] 1 WLR 823, at paras 76 and 81 and the very recent decision of this court in Li…”
- Cited — Behbehani v Behbehani 2019-12-20
“…Mr Shaw cited the guidelines given by this court in Aldi Stores Ltd v WSPGroup PLC [2007] EWCA Civ 1260 which require a party to seek directions from the court in the first action about the possibility that a second action may need to be brought in respect of the…”
- Cited — General Medical Council v Hayat 2018-12-13
“…al factors, omitted to take into account material factors, erred in principle or come to a decision that was impermissible (Aldi Stores Limited v WSP Group Plc [2007[ EWCA Civ 1260. [2008] 1 WLR 748, paragraph 16) the decision at First Instance must prevail.”…”