OUTOTEC (USA) INC AND ANOTHER v MW HIGH TECH PROJECTS UK LTD

[2024] EWCA Civ 844, Court of Appeal, Civil Division, Coulson, Arnold and Stuart-Smith LJJ, 24 July 2024

Misrepresentation – Abuse of process – Whether claim should have been raised in earlier proceedings – The Aldi guidelines

The respondent contractors brought a claim against the appellants, a sub-contractor and its parent company, in which the respondents alleged that they had been induced to enter into the subcontract by a misrepresentation made by the first appellant. The appellants sought to strike out the claim as an abuse of process on the ground that the claim should have been raised in earlier proceedings between the parties. At first instance His Honour Judge Stephen Davies declined to strike out the claim and the appellants appealed to the Court of Appeal. The appeal was dismissed. The principal judgment was given by Coulson LJ.