‘If a plaintiff can not get at his right without trying and deciding a case between Co-defendants the Court will try and decide that case, and the Co-defendants will be bound. But, if the relief given to the Plaintiff does not require or involve a decision of any case between Co-defendants, the Co-defendants will not be bound as between each other by any proceeding which may be necessary only to the decree the Plaintiff obtains’
Judges:
Sir James Wigram V-C
Citations:
(1843) 3 Hare 627
Jurisdiction:
England and Wales
Cited by:
Cited – Sweetman v Nathan and others CA 25-Jul-2003
The claimant had been engaged with his solicitor in a fraudulent land transaction. He now sought to sue the solicitor for negligence. The solicitor replied that the claimant was unable to rely upon his own unlawful act to make a claim.
Held: . .
Lists of cited by and citing cases may be incomplete.
Estoppel
Updated: 06 May 2022; Ref: scu.186009
