Mr Justice Morgan gave judgment on Wednesdsay 10 June on an application to renew a service out application in the light of fresh evidence after a prior order for leave had been set aside after an inter partes hearing. The dispute concerned trusts of the Tchenguiz family where it was alleged that trustees had failed to carry out an agreement to use a £6m payment to set up a new trust to hold Mr Robert Tchenguiz’s London property, the Royal College of Organists building.
The judge held that no issue estoppel arose. However ,having reviewed authorities on a variety of forms of second application where no issue estoppel arose, and recognising that different lines of authority set out different tests, he held that the evidence was not sufficiently different from that led on the previous application to justify a second bite at the cherry and declined to hear the renewed application on abuse of process grounds.
The judgment is here.
Charles Hollander QC acted for the Claimants.