Sennar, The (No. 2) (Merawi)
| Jurisdiction | UK Non-devolved |
| Judge | Lord Fraser of Tullybelton,Lord Diplock,Lord Roskill,Lord Bridge of Harwich,Lord Brandon of Oakbrook |
| Judgment Date | 21 March 1985 |
| Judgment citation (vLex) | [1985] UKHL J0321-4 |
| Court | House of Lords |
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220 cases
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McCONNON v PRESIDENT of IRELAND
...when under appeal - Whether issues could have been raised by way of defence to summary proceedings - New evidence - The Sennar (No 2) [1985] 1 WLR 490 and Deighan v Sunday Newspapers Ltd. [1987] NI 105 approved - Whether alleged tort of reckless lending existed - ICS Building Society v Gra......
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The Indian Endurance [QBD (Admiralty)]
...[1991] 1 LI Rep 201. Sennar, The, DSV Silo — und Verwattungs-Gesellschaft MbH v Owners of the Sennar and 13 other ships (No. 2)WLR [1985] 1 WLR 490. Spiliada Maritime Corp v Cansulex LtdELR [1987] AC 460. Stolt Loyalty, The [1933] 2 LI Rep 281. Sylt, The [1991] 1 LI Rep 240. Taylors Fashion......
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The ‘Bunga Melati 5’
...Stiftung v Rayner & Keeler Ltd [1967] 1 AC 853 (folld) DSVSilo-Und Verwaltungsgesellschaft mbH v Owners of The Sennar and 13 Other Ships [1985] 1 WLR 490 (folld) DPP v Ray [1974] AC 370 (refd) Equatorial Marine Fuel Management Services Pte Ltd v The ‘Bunga Melati 5’[2010] SGHC 193 (overd) F......
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JSC BTA Bank v Mukhtar Kabulovich Ablyazov (18th Defendant/Respondent)
...order to create an issue estoppel, three requirements have to be satisfied. They were stated as follows by Lord Brandon of Oakbrook in The Sennar (No. 2) [1985] 1 WLR 490 at 499B: "The first requirement is that the judgment in the earlier action relied on as creating an estoppel must be (a)......
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7 firm's commentaries
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On The Application Of Res Judicata (Or Disarming The ''Italian Torpedo'')
...tools to disarm the torpedo before any long-lasting damage is done. Footnotes 1 1 Carl Zeiss v Rayner (1967) 1 AC 853; The Sennar (No.2) (1985) 1 WLR 490; Resolution Chemicals v Lundbeck (2013) EWCA Civ 924; Adams v Cape Industries (1990) Ch 433; Klockner Holdings v Klockner (2005) EWHC 145......
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On The Application Of Res Judicata (Or Disarming The ''Italian Torpedo'')
...tools to disarm the torpedo before any long-lasting damage is done. Footnotes 1 1 Carl Zeiss v Rayner (1967) 1 AC 853; The Sennar (No.2) (1985) 1 WLR 490; Resolution Chemicals v Lundbeck (2013) EWCA Civ 924; Adams v Cape Industries (1990) Ch 433; Klockner Holdings v Klockner (2005) EWHC 145......
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Winning The Battle And Losing The War: Enforcement Of Awards Set Aside In The Seat
...see, in particular Carl Zeiss Stiftung v Rayner C Keeler Ltd (No 2) [1967] 1 AC 853 ("the Carl Zeiss" case), The Sennar (No 2) [1985] 1 WLR 490" [Clarke LJ @ para 50 of the And later, at paragraph 54: "The authorities establish that there must be "a full contestation and a clear decision" o......
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English Commercial Court: Foreign Judgment Did Not Establish Issue Estoppel
...to the leading House of Lords decisions in Carl Zeiss Stiftung v. Rayner & Keeler Ltd (No. 2) [1967] 1 AC 853 and The Sennar (No. 2) [1985] 1 WLR 490, the judge held that it would be “absurd” for an English court to give a determination by a foreign court on a particular issue a binding pre......
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5 books & journal articles
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NO DISPUTE AMOUNTING TO STRONG CAUSE; STRONG CAUSE FOR DISPUTE?
...towards the finding of ‘strong cause’. 28 The Eleflheria [1970] P 94, The El Amria[1981] 2 Lloyd’s Rep 119 and The Sennar (No. 2)[1985] 1 WLR 490. 29 See for example, The Asian Plutus, where Yong J held: ‘The legal basis for these principles was the presumption that contracts freely entered......
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DAMAGES FOR BREACH OF JURISDICTION CLAUSES
...the court applied the most appropriate law (whatever it may be) as the lex causae to decide the issue of breach. 27 The Sennar (No 2) [1985] 1 WLR 490 at 499. 28 This does not appear to prevent a procedural decision by a foreign court from forming the basis of an issue estoppel in subsequen......
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REFERRING QUESTIONS OF FOREIGN LAW TO THE COURT OF THE GOVERNING LAW
...Pte Ltd v Board of Control for Cricket in Sri Lanka [2002] 1 SLR(R) 1088. 51 The Vasiliy Golovnin [2007] 4 SLR(R) 277; The Sennar (No 2) [1985] 1 WLR 490. 52 Westacre Investments Inc v The State-Owned Company Yugoimport SDPR [2009] 2 SLR(R) 166. 53 Westacre Investments Inc v Yugoimport SDPR......
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Admiralty, Shipping and Aviation Law
...and expresses a conclusion with regard to the effect of applying those principles to the factual situation concerned’: The Sennar (No 2)[1985] 1 WLR 490 at 499. Tan J held that the Lome court did in fact consider the merits of the case before ruling that the vessel had to be released. For a......
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