Arnold and others v National Westminster Bank plc
Language: English Series: Weekly Law Reports ; (1991) 2 WLR 1177-1191(15)Publication details: 1991Subject(s): Summary: HL 25 April 1991. A rent review dispute, which went initially to arbitration where the decision favoured the plaintiff tenants (A). This was subsequently overruled by Justice Walter, who refused leave to appeal. Before the following rent review was due, five years later, litigation in another case established that Justice Walter`s decision had been erroneous and A again went to law. The landlords unsuccessfully applied to strike out the renewed claim, declaring that further litigation was prevented by issue estoppel , and their appeal was dismissed also. The dismissal was reinforced by the House of Lords which maintained that flexibility in special circumstances was needed to uphold justice, whereas adherence to an earlier but incorrect decision would unjustly perpetuate unfavourable conditions.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS44554 (Browse shelf(Opens below)) | 1 | Available | 47773-1001 |
HL 25 April 1991. A rent review dispute, which went initially to arbitration where the decision favoured the plaintiff tenants (A). This was subsequently overruled by Justice Walter, who refused leave to appeal. Before the following rent review was due, five years later, litigation in another case established that Justice Walter`s decision had been erroneous and A again went to law. The landlords unsuccessfully applied to strike out the renewed claim, declaring that further litigation was prevented by issue estoppel , and their appeal was dismissed also. The dismissal was reinforced by the House of Lords which maintained that flexibility in special circumstances was needed to uphold justice, whereas adherence to an earlier but incorrect decision would unjustly perpetuate unfavourable conditions.