Res judicata – Competent and Omitted – Case of a Claimant in a Sequestration making a Second Claim.
Averments in two successive claims in a sequestration in consequence of which – affirming judgment of Court of Session – the plea of res judicata was sustained, the medium concludendi in the second being similar to that in the first, and the only distinction being that certain new allegations were made which were part of the proof of the fraud founded on in order to the reduction of the contract libelled, and which were likewise in the knowledge of the claimants at the time when their claim was originally stated.
Lord Chancellor (Cairns), Lord Hatherley, Lord Blackburn, and Lord Gordon
[1879] UKHL 822, 16 SLR 822, (1879) 4 AC 801
Bailii
Scotland
Cited by:
Cited – Takhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 21 January 2022; Ref: scu.637968