CH-2025-000032 - [2025] EWHC 2988 (Ch)

Fecha: 13-Nov-2025

When did the defendant know the essential relevant facts? Was it

ii. When did the defendant know the essential relevant facts? Was it

2000 or was it 2021, or some other date?

iii.

What did the defendant take into account in acting as it did in issuing

the policy and the special conditions or not?

iv.

What was the claimant told about it?”

134.

As regards res judicata/abuse of process (which is relied upon in relation to the findings of the Ombudsman which are said to bind Mr Dewji), the Judge at paragraph 7 left the matter to one side but did not return to it.

135.

It is necessary to set out the relevant law as regards limitation and res judicata. Reference to an abuse of process may be a reference to part of the test under CPR r3.4(2)(b) or may be a reference to the principle which is part of or associated with the res judicata principles (or extended res judicata principles, as it is sometimes put) being that under identified as flowing from the case of Henderson v Henderson. Broadly stated, the latter principle is that where a point could and should have been raised in earlier proceedings it will be an abuse of process to seek to raise it in later proceedings.