Cooper v Resch [1987] JLR 428 (10 February 1988)
- Citation
- [1987] JLR 428
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Chose jugee binds parties to previous decisions on issues and all matters reasonably connected, but does not apply where an undertaking precludes a court decision on the issue.
Court disposition
not specified
02
Material facts
Parties
Cooper
ApplicantResch
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether a party is bound by a previous decision on an issue and all matters reasonably treated as properly connected with it under the doctrine of chose jugee
- 02
Whether an undertaking by a party precludes the court from making a decision on an issue, thus preventing chose jugee from applying
Party arguments
- Applicant
- The applicant contends that the respondent is bound by a previous decision on the issue and all matters reasonably connected with it under the doctrine of chose jugee.
- Respondent
- The respondent argues that an undertaking was given which precluded the court from making a decision on the issue, so chose jugee does not apply.
05
Court’s reasoning
Legal principles
- 01
common law
A party is bound by a previous decision on an issue and all matters reasonably treated as properly connected with it under the doctrine of chose jugee.
- 02
common law
Chose jugee does not apply if a party gives an undertaking which precludes the court from making a decision on the issue.
06
Ratio, limits and disposition
Ratio decidendi
Chose jugee binds parties to previous decisions on issues and all matters reasonably connected, but does not apply where an undertaking precludes a court decision on the issue.
Court disposition
not specified
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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