Is a claim which could have – and arguably should have – been brought in earlier litigation an abuse of process?
Johnson v Gore Wood [2002] established that later actions which include claims that could have been included in earlier litigation may be an abuse of process. The House of Lords in Johnson considered that it was in the public interest that litigation should be final and that a litigant should not have to deal twice with the same matter. The court was, however, keen not to be dogmatic in its approach.
