Cooper v Resch [1987] JLR 428 (10 February 1988)

Cooper v Resch [1987] JLR 428 (10 February 1988)

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.

Citation
[1987] JLR 428
Parties
Applicant: Cooper; Respondent: Resch
Jurisdiction
Jersey
Judgment Date
10 February 1988
Procedural Posture
Civil / Judgment
Outcome
not specified
Legal Topics
Estoppel, Chose Jugee, Scope of Doctrine
Civil Procedure Estoppel Chose Jugee Scope of Doctrine

Case Brief

Summary, issues, holding and outcome

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Parties

Cooper

Applicant

Resch

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 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
  2. 2 Whether an undertaking by a party precludes the court from making a decision on an issue, thus preventing chose jugee from applying

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