Received POC from BWLegal on behalf of UK CPM Ltd

[Barbudaprince]

Thanks much. What wording should I use to tell ask the court to consider the related live proceedings and whether this second claim should be stayed, listed with or after the existing claim, or otherwise case-managed to avoid duplicated proceedings and inconsistent findings.

[b789]

You want it to be neutral and invite case management rather than tell the court what to do. Something like this works well:

The Defendant respectfully draws the Court's attention to related live proceedings between the same parties arising from the same location and substantially the same factual and legal issues. The Defendant invites the Court to consider whether this claim should be stayed, consolidated, listed together with, or listed after the existing proceedings, or otherwise case-managed as the Court considers appropriate, to avoid duplicated proceedings, inconsistent findings, unnecessary costs, and potential abuse through the fragmentation of claims.

That leaves all case management options open to the judge while subtly signalling the Henderson v Henderson/cause of action estoppel issue without over-arguing it on the DQ.

[Barbudaprince]

Thanks very much. Done just added that text into the email.