“…in referred to by Lord Hoffmann in Arthur JS Hall & Co v Simons [2002] 1 AC 615 at 701, cited with approval by Simon LJ in Michael Wilson & Partners v Sinclair [2017] EWCA Civ 3; [2017] 1 WLR 2646 at [41]. He referred to the various cases cited by Simon LJ and to his reference, in his summary of principles at [48] to there being both a…”
“…abuse of process, see for example Secretary of State for Trade and Industry v Bairstow [2004] Ch 1 at paragraph 38 and Michael Wilson & Partners Ltd v Sinclair [2017] EWCA Civ 3; [2017] 1 WLR 2646 at paragraphs 39 to 48. Those summaries have emphasised the private interest of a party in not being vexed twice by litigation, the public i…”
“…here another constitution of this Court had overturned a first instance decision striking out the proceedings as an abuse of process: MWP v Sinclair and others [2017] EWCA Civ 3. Secondly, the “NSW 2” proceedings in New South Wales, where a still further constitution of this Court had varied an anti-suit injunction prohibiting MWP from…”
“…The burden is on BNL as defendant to identify reasons why bringing the second claim is manifestly unfair: Michael Wilson & Partners v Sinclair [2017] EWCA Civ 3; [2017] 1 WLR 2646, at [100] per Simon LJ (with whom the other members of the court agreed). The courts will not lightly shut out a party from pursuing a genui…”