In Michael Wilson & Partners Ltd v Sinclair and others [2012] EWHC 2560 (Comm), the Commercial Court considered an application to strike out a claim which raised issues regarding the interplay between litigation and previous arbitration. The issues raised included estoppel, privity of estate and abuse of process.

Note: On 13 January 2017, the Court of Appeal allowed the appeal of the claimant against this decision (see Michael Wilson & Partners Ltd v Sinclair and others [2017] EWCA Civ 3, discussed in Legal update, Court of Appeal overturns strike out of claim for abuse of process because of previous arbitration decision).