McPhee v Heatherwick: 1 Jul 1976

(Glasgow Sheriff Court) The court asked whether, when a prior action had been disposed of by dismissal, it was or was not always open to a pursuer to raise a new action.
Held: The defender’s plea of res judicata was sustained.

Judges:

Sheriff Macphail

Citations:

1977 SLT (Sh Ct) 46

Jurisdiction:

Scotland

Cited by:

CitedMark George Thomson v Michael Coutts ScSf 1-Jun-2001
The pursuer sought damages, and the defender asserted res judicata, in that this was in effect an attempt by the pursuer to recover his damages in instalments. Following an accident, damages had been awarded. The pursuer now sought to recover his . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 December 2022; Ref: scu.181289