The Sennar (No. 2) - House of Lords (Lord Fraser, Lord Diplock, Lord Roskill, Lord Bridge and Lord Brandon) - 21 March 1985

Issue estoppel - Whether Dutch Court’s decision was “on the merits”

The House of Lords has affirmed the decision of the Court of Appeal and dismissed the plaintiff buyers’ appeal. For the full facts of the case see LMLN 121 - 21 June 1984. The plaintiffs had accepted that the Dutch Court of Appeal was a court of competent jurisdiction, and that its decision was final and binding, but argued that its decision was not on the merits, so that all the requirements of issue estoppel had not been established.