THE DEFENDANT’S ACCEPTANCE OF A PART 36 OFFER FROM THE CLAIMANT DID NOT PREVENT A SECOND ACTION IN RELATION TO A DIFFERENT (BUT RELATED) ISSUE

This is a case where the Court of Appeal allowed an appeal (in part) in relation to the striking out of a "second" action between the parties.  The Court held that part of the second action was not an abuse of process. It related to an issue that had not been pleaded when the defendant had accepted ...