Arnold v National Westminster Bank Plc

JurisdictionUK Non-devolved
JudgeLord Keith of Kinkel,Lord Griffiths,Lord Oliver of Aylmerton,Lord Jauncey of Tullichettle,Lord Lowry
Judgment Date25 April 1991
Judgment citation (vLex)[1991] UKHL J0425-1
Date25 April 1991
CourtHouse of Lords
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611 cases
5 firm's commentaries
  • To Re-Litigate, Or Not To Re-Litigate, That Is The Question
    • United Kingdom
    • Mondaq United Kingdom
    • 17 July 2014
    ...out applications and wasted costs orders. Cases cited Henderson v Henderson [1843] 3 Hare 100 Arnold v National Westminster Bank plc [1991] 2 AC 93 Johnson v Gore Wood & Co [2000] UKHL 65 Merrill Lynch Pierce and Fenner Inc v Raffa [2001] CP Rep 44 Ruttle Plant Hire Ltd v Secretary of S......
  • Contractual Clauses To Include To Manage A Dispute Before One Actually Arises
    • United Kingdom
    • Mondaq UK
    • 14 February 2022
    ...and others [2019] UKSC 13, the judgement was obtained by the defendant by way of fraud; and in Arnold -v- National Westminster Bank plc [1991] 2 AC 93, the court decided it would have caused injustice if the issue estoppel was applied inflexibly in that case. Under similar circumstances Res......
  • Contractual Clauses To Include To Manage A Dispute Before One Actually Arises
    • United Kingdom
    • Mondaq UK
    • 14 February 2022
    ...and others [2019] UKSC 13, the judgement was obtained by the defendant by way of fraud; and in Arnold -v- National Westminster Bank plc [1991] 2 AC 93, the court decided it would have caused injustice if the issue estoppel was applied inflexibly in that case. Under similar circumstances Res......
  • Appeals - When You Can And When You Can't Have Another Bite Of The Cherry
    • United Kingdom
    • Mondaq UK
    • 2 March 2022
    ...to cause of action estoppel in cases of fraud (Zurich v Hayward [2017] AC 142). Further, in Arnold -v- National Westminster Bank plc [1991] 2 AC 93, the court decided that if the party bringing the claim a second time could show materially altered circumstances than at the first time so as ......
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3 books & journal articles
  • Litigation
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...1384 See Carl Zeiss Stiftung v Rayner & Keeler Ltd (No 2) [1967] 1 AC 853 at 935, per Lord Guest; Arnold v National Westminster Bank plc [1991] 2 AC 93 at 105, per Lord Keith; Kuligowski v Metrobus (2004) 220 CLR 363 at [21]; Lee Tat Development Pte Ltd v MCST Plan No 301 [2005] 3 SLR 157 a......
  • Forensic Immunity Post‐Osman
    • United Kingdom
    • Wiley The Modern Law Review No. 64-2, March 2001
    • 1 March 2001
    ...Ch. 221.10 An issue estoppel created by earlier litigation is binding subject to narrow exceptions: Arnold vNational Westminster Bank Plc [1991] 2 AC 93.The Modern Law Review [Vol. 64302 ßThe Modern Law Review Limited The difficulty with this claim is that there is little empirical evidence......
  • The Recognition, and Res Judicata Effect, of a United States Class Actions Judgment in England: A Rebuttal of V ivendi
    • United Kingdom
    • Wiley The Modern Law Review No. 75-2, March 2012
    • 1 March 2012
    ...eg, Carl Zeiss Stiftung vRayner & Keeler Ltd [1967] 1 AC 853,909–910, 933 (Carl Zeiss); Arnold vNationalWestminster Bank plc [1991] 2 AC 93,104; Good Challenger vMetalExportImport SA [2003]EWCA Civ 1668 at [58]; Barrett vUniversal Island Records Ltd [2006] EWHC 1009 (Ch) at [176];Al Qahtani......

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