- Cited — BT Plc v The Commissioners for HMRC 2023-12-04
“…me of the appeal 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 si…”
- 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…”
- Cited — Dr Reddy's Laboratories (UK) Limited & Ors v Warner-Lambert Company LLC 2023-02-01
“…ically distinct 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…”
- Cited — Tyne and Wear Passenger Transport Executive (trading as Nexus) v National Union of Rail, Maritime and Transport Workers & Anor. 2022-10-27
“…most recent authoritative consideration of the law of res judicata is in the decision of the Supreme Court in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46, [2014] 1 AC 160. Lord Sumption delivered the main judgment. The principal issue was whether cause of action estoppel was absolute not only as regards points d…”
- 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…”
- Cited — Credico Marketing Limited & Anor. v Benjamin Gregory Lambert & Anor. 2022-06-23
“…[2013] UKSC 46…”
- Explained — David Greene v David Davies 2022-03-29
“…I find it helpful 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…”
- Considered — Thomas v Luv One Luv All Promotions Ltd & Anor 2021-05-20
“…The judge then 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 …”
- 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] …”
- 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 — Hillside Parks Ltd v Snowdonia National Park Authority 2020-11-03
“…fore us that the 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…”
- Followed — Salix Homes v Mantato 2019-03-20
“…elationship between 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
“…eed it may well 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
“…nd authoritative 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
“…the various kinds 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 proc…”
- Cited — Shiner & Anor v The Commissioners for HMRC 2018-01-23
“…were or had to be decided in order to establish the relevant cause of action: see Lord Keith at page 109 A-B; Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46 at [22].…”
- Cited — Nottinghamshire Police v Gray, R. (On the Application of) 2018-01-22
“…istence or non-existence 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].…”