a plaintiff’s claim against a third party defendant will be an abuse of process if brought in a different jurisdiction to the claim against the errant fiduciary.

where an errant fiduciary and a third party defendant are both liable for the same equitable remedy, the plaintiff cannot recover from both defendants and must elect between the defendants.

a plaintiff can only succeed in their claim against either an errant fiduciary or a third party defendant if both defendants are liable for the same equitable remedy.

a plaintiff can obtain one type of equitable remedy from the errant fiduciary and a different type of equitable remedy from a third party defendant.