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Cause of action estoppel: Reason for withdrawal relevant to question of estoppel

This report relates to 1 case(s)

In Rothschild Asset Management Ltd v Ako 25.1.02, the Court of Appeal holds that cause of action estoppel did not arise to bar an employee commencing a further complaint of unfair dismissal and race discrimination when her previous application had been dismissed upon withdrawal in circumstances which were, in effect, a discontinuance of those previous proceedings rather than an abandonment of those earlier claims. Cause of action estoppel, as applied in the ordinary courts, may need to be applied differently in tribunals because of important differences in the respective rules of procedure.