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20 February 2015 / Bayo Randle
Issue: 7641 / Categories: Features , Employment
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What’s the alternative?

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Bayo Randle outlines issue estoppel in jurisdiction disputes

In the recent decision of Nayif v High Commission of Brunei Darussalam [2014] EWCA Civ 1521, [2014] All ER (D) 297 (Nov) the Court of Appeal restricted the application of the doctrine of issue estoppel and in doing so handed a victory to claimants. A litigant will no longer be estopped from litigating an issue in an alternative forum if a claim in respect of that issue was dismissed in an earlier forum for lack of jurisdiction, provided there has been no consideration of the merits.

Background

Mr Nayif brought a claim in the employment tribunal against his former employer in October 2011. The claim was in respect of bullying, harassment and abuse which took place between 2003 and 2010 and which Mr Nayif alleged was attributable to race discrimination and caused him psychiatric harm.

The employment tribunal would only have jurisdiction to hear the claim if it was brought within three months of the act in respect of which the complaint was made and failing that,

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