Farrar v Leongreen Ltd
The claim for mesne profits was not barred by res judicata because each day of trespass constituted a separate cause of action, and the second and third principles of res judicata did not apply as the causes of action were not identical in both proceedings.
Source-derived case information.
- Parties
- Appellant: Peter Farrar; Respondent: Leongreen Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 21 December 2017
- Procedural Posture
- Civil Appeal / Appeal From Judgment of Central London County Court
- Outcome
- Appeal dismissed
- Legal Topics
- Res Judicata, Mesne Profits, Cause of Action Estoppel, Abuse of Process
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Farrar
Appellant
Leongreen Limited
Respondent
Procedural Posture
Civil Appeal / Appeal From Judgment of Central London County Court
Legal Issues
- 1 Whether the doctrine of res judicata precluded the respondent from claiming mesne profits in a second action after obtaining a possession order in the first action without claiming mesne profits
Ratio Decidendi
The claim for mesne profits was not barred by res judicata because each day of trespass constituted a separate cause of action, and the second and third principles of res judicata did not apply as the causes of action were not identical in both proceedings.
Court Disposition
Appeal dismissed
Full Case Text
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