Dr Vivienne Lyfar-Cissé v Western Sussex University Hospitals NHS Foundation Trust & Ors.
[2022] EAT 193
Doryce Yovonie v East Sussex Healthcare NHS Trust
20 October 2023
[2023] EWHC 2618 (KB)
High Court
A nurse sued her hospital repeatedly for unfair pay and discrimination, but lost every time because her claims were either wrong, already decided, or too late. The judge finally stopped her from suing them again.
Key Facts
- •Claimant, a former nurse, brought multiple claims against the Defendant NHS Trust for underpayment, discrimination, and wrongful dismissal.
- •Claims were dismissed by the Employment Tribunal (ET), Employment Appeal Tribunal (EAT), and High Court.
- •Claimant sought to amend her High Court claim, alleging deliberate concealment and fraud by the Defendant.
- •Defendant sought to strike out the claim and obtain a Civil Restraint Order (CRO).
Legal Principles
Res judicata/Issue estoppel
Various judicial decisions throughout the case
Abuse of process
CPR 3.4
Jurisdiction of High Court in Equality Act claims
Equality Act 2010, sections 113(1) and 120(1)
Limitation Act 1980, section 32 (deliberate concealment)
Limitation Act 1980
CPR 17.4 (amendment of claims)
CPR 17.4
Henderson v Henderson (1843) 3 Hare 100 (res judicata)
Henderson v Henderson (1843) 3 Hare 100
Takhar v Gracefield Developments Ltd [2019] UKSC 13 (setting aside judgments obtained by fraud)
Takhar v Gracefield Developments Ltd [2019] UKSC 13
CPR 23.12 (Civil Restraint Orders)
CPR 23.12 and Practice Direction 3C
Outcomes
Claimant's application to amend dismissed.
No extant proceedings to amend; abuse of process; lack of jurisdiction; likely limitation defence.
Extended Civil Restraint Order (ECRO) made against Claimant.
Claimant's applications were persistently totally without merit; necessary to prevent further harassment of Defendant.