The Court refused to summarily dismiss a second Part 2 Trees Act application between the same parties concerning the same trees, distinguishing Xu v Johns on the basis that the applicant alleged a material change in circumstances (significant tree movement and new damage) since the earlier determination, rather than merely adducing fresh evidence on the same cause of action. The Court held that whether a change in circumstances has in fact occurred is a matter for substantive hearing, and that res judicata, issue estoppel and Anshun estoppel do not operate as a bar where the alleged changes could not have been in controversy at the time of the earlier proceedings. The question of whether the applicant can discharge the burden of proving changed circumstances on the civil standard remains unresolved and is to be determined at a full hearing.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.