Buckinghamshire Council vs FCC Buckinghamshire Limited

Background

The High Court recently addressed a significant legal dispute between Buckinghamshire Council and FCC Buckinghamshire Limited, focusing on allegations of abuse of process in a construction contract case. The case was heard by His Honour Judge Stephen Davies at the Technology and Construction Court, with the judgment delivered on 6 February 2025.

Legal Issues

The central issue in this case was whether the claimant's contract claim constituted an abuse of process, either through issue estoppel or what is known as Henderson abuse. The defendant, FCC Buckinghamshire Limited, sought to strike out the remaining contract claim, arguing that it was an attempt to relitigate issues previously decided.

Issue Estoppel

Judge Davies first considered whether the case involved issue estoppel abuse, which would prevent the claimant from reopening issues already decided in a previous trial. The court found that while the construction of a specific proviso was argued in the earlier trial, the current claim involved a different issue, thus not constituting issue estoppel.

Henderson Abuse

The court then examined the claim under the doctrine of Henderson abuse, which prevents parties from raising claims that could and should have been brought in earlier proceedings. The defendant argued that the claimant's contract claim should have been advanced during the April 2024 trial. However, the court found no evidence that the claimant deliberately withheld this claim, and concluded that there was no Henderson abuse.

Chronology and Case Management

Judge Davies reviewed the chronology of the case, noting that the claimant's alternative contract claim only emerged after a full review following a judgment in June 2024. The court determined that even if the claim had been raised earlier, it would not have altered the course of the proceedings, as two separate trials would still have been necessary.

Conclusion

The court ultimately rejected the defendant's application to strike out the contract claim, allowing the case to proceed. Judge Davies emphasised that there was no sufficient basis for concluding that the claimant's conduct amounted to an abuse of process.

Implications

This judgment provides important guidance on the application of issue estoppel and Henderson abuse in contract disputes, particularly in the context of construction law. Practitioners should note the court's emphasis on the need for clear evidence when alleging abuse of process.

Learn More

For more information on resolving construction disputes, see BeCivil's guide to construction disputes.