"Res judicata and Abuse of Process are Juridically very Different" : Supreme Court

There are several issues connected with concept of res judicata. While few Indian Advocates continue to harp on Article 226 of Constitution of India as the only source of every legal problem that might arise, law is certainly much beyond Article 226. 

It was propounded at page 15 of Virgin Atlantic Airways Limited v Zodiac Seats UK Limited [2013] GCtR 2502 (UKSCt) ; [2013] UKSC 46 as follows :- 

"Res judicata and abuse of process are juridically very different."

This view propounded at page 15 by Lord Sumption was given in connection with a view taken in 2009 by Court of Appeal. The proceedings were meant for recovering in respect of patent infringement. This is interesting because there were two separate views expressed ; one by Lord Sumption and another one by Lord Neuberger (who then at that time was President). 

It is almost fashionable to lambast at delay in pronouncements of Judgments after hearings in India, but western countries are no exceptions. The Judgment was given after almost more than 2 months of date of hearing. 

Written by

Vishal

Delhi

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