The Jocelyne - Q.B.D. (Adm.Ct.) - 3 August 1984

Practice - Costs awarded on common fund basis

Lloyd J. dismissed the plaintiffs’ claim on the ground of issue estoppel. The matter had previously been decided in a Belgian Court, whose judgment had been confirmed in the Belgian Court of Appeal. Because this was the plaintiffs’ third or fourth attempt to re-litigate the same issue, Lloyd J. considered that, in the very special circumstances of the case, the defendants should be entitled to costs on a common fund basis.