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Cottingham v Earl of Shrewsbury: 1843

‘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:

CitedSweetman 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

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