Farley Ltd. v Takilla Ltd. [1992] JLR 54 (25 February 1992)

Farley Ltd. v Takilla Ltd. [1992] JLR 54 (25 February 1992)

Failure to plead all lines of argument in an earlier action precludes a party from raising them in a later action seeking determination of the same fundamental issues, unless exceptional circumstances exist.

Citation
[1992] JLR 54
Parties
Plaintiff: Farley Ltd.; Defendant: Takilla Ltd.
Jurisdiction
Jersey
Judgment Date
25 February 1992
Procedural Posture
Civil / Judgment
Outcome
plaintiff precluded from raising new arguments
Legal Topics
Estoppel, Chose Jugee, Res Judicata
Civil Procedure Estoppel Chose Jugee Res Judicata

Case Brief

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Parties

Farley Ltd.

Plaintiff

Takilla Ltd.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a party is precluded from raising arguments in a subsequent action that could and should have been raised in an earlier action involving the same fundamental issues.

Ratio Decidendi

Failure to plead all lines of argument in an earlier action precludes a party from raising them in a later action seeking determination of the same fundamental issues, unless exceptional circumstances exist.

Court Disposition

plaintiff precluded from raising new arguments