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 uninsured losses. Courts should not encourage a multiplicity of suits, and the Defender was entitled to decree of absolvitor
Sheriff Graham K. Buchanan
[2001] ScotSC 15
Bailii
Scotland
Citing:
Cited – 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. . .
Cited – Irving v Hiddleston OHCS 1998
Courts are moving more and more to requiring parties to settle all issues in one action. . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 September 2021; Ref: scu.166523