Where a party had elected at an appeal hearing not to have an issue remitted to the Chancery Division so that it would be dealt with by the Court of Appeal, he had accepted that the price of pursuing his appeal was the abandonment of all alternative procedural routes in the event of failure and therefore the advancement of a subsequent claim which raised the same issue was an abuse of process of the court.

[2006] EWHC 17 (Ch)

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