KB 2023 004108 - [2025] EWHC 1824 (KB)

Although the defendant has made clear its view as to the existence of an ulterior, and abusive, motive for these claims, it has not applied for the proceedings to be struck out, and has acknowledged that it cannot be said that the claims brought by C1, C2 or C3 are properly to be treated as res judicata. In putting the defendant’s case in this regard, Mr Hopkins submitted that the point might nevertheless be relevant to any question of remedy or costs.

Given my findings on the claims, no question of remedy arises. As for whether this is an issue that has any bearing on any application for costs, that would seem to me to be something that would need to be separately addressed, having regard to the findings that I have made. I have given directions for how any consequential matters are to be addressed below; in the first instance, any submissions in this regard will be considered on the papers.