High Court, in proceedings seeking damages for misrepresentation and breach of contract arising out of the circumstances underlying the execution of a deed of guarantee signed by the plaintiff in the defendant banking institution's favour, strikes out the proceedings upon the application of the defendant, on the grounds that: by reason of a judgement of the Court of Appeal in separate prior proceedings involving the plaintiff, that court has already made findings material to the plaintiff's current claim in misrepresentation, such that prima facie evidence of a binding representation had not been made out by the plaintiff; and therefore, in the current proceedings an issue estoppel arises whereby the plaintiff's claim represents an abuse of process and must now be struck out.
Application to strike out proceedings as being an abuse of process, res judicata and/or precluded by issue estoppel - misrepresentation - negligent misstatement - breach of contract - deceit - fraudulent misrepresentation - damages - execution of deed of guarantee - plaintiff's defence in separate, prior proceedings relates to same factual background of current statement of claim - judgment of Court of Appeal in separate proceedings - prima facie evidence of a binding representation not made out by plaintiff in separate proceedings relating to his claim that representations were made to him regarding the defendant's intention to continue to commercially lend - national asset management legislation - principles to be applied in respect of issue estoppel - privity is a matter of substance rather than form - Court of Appeal's decision on nature of alleged representations made to plaintiff was necessary to the conclusion of the Court of Appeal - sufficient degree of identity between NALM and defendant to establish privy of interest between them in relation to representations such that the Court of Appeal's decision is binding on the current proceedings - claim in representation not actionable by reason of Court of Appeal judgment - issue estoppel arises - proceedings struck out