Fibula Air Travel Srl v Just-Us Air Srl: To Amend or Not to Amend? A Tale of Issue Estoppel and Henderson Abuse

18 September 2023
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Key Takeaways:
  • The judgment sets out a helpful analysis of the principles underpinning res judicata and Henderson abuse.
  • A finding of Henderson abuse is less likely where (as in this case) the Claimant does not seek to harass or vex the Defendant.
  • The case also serves as an important reminder to all parties involved in litigation to “bring forward their whole case.” Otherwise, litigants take the risk of being denied the opportunity to advance relevant causes of action or arguments at a later stage, if the court finds that these could have (and should have) been advanced in earlier proceedings. In other words, having a second bite at the cherry might not be possible if res judicata or Henderson abuse are engaged.