Jersey Judgment

Showlag v Mansour [1991] JLR 367 (23 December 1991)

Civil Procedure Estoppel Chose Jugee Res Judicata

Citation: [1991] JLR 367
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Motion to Strike Out Action

More details

Posture: Civil / Motion to Strike Out Action

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Source document

Holding and result

The court may strike out an action where the matter has already been finally determined between the same parties or their privies by a competent court, applying the doctrine of estoppel (chose jugee).

Court disposition

not specified

Material facts

Parties

Showlag

Applicant

Mansour

Respondent

Procedural history

Posture

Civil / Motion to Strike Out Action

Questions and positions

Legal issues

Whether the doctrine of estoppel (chose jugee) applies to bar the present action on the basis of a prior final judgment between the same parties or their privies

Party arguments

Applicant: The applicant contends that the present action should be struck out as the matter has already been adjudicated by a competent court between the same parties or their privies, and a final judgment has been delivered.
Respondent: The respondent argues that the doctrine of estoppel (chose jugee) should not apply, possibly disputing the identity of the issues or parties, or the finality of the previous judgment.

Court’s reasoning

Legal principles

01
doctrine of estoppel (chose jugee)

A court has discretion to strike out an action if a party has already been given a full opportunity to be heard and a final judgment has been delivered by a competent court in respect of the same question between the same parties or their privies.

Ratio, limits and disposition

Ratio decidendi

The court may strike out an action where the matter has already been finally determined between the same parties or their privies by a competent court, applying the doctrine of estoppel (chose jugee).

Court disposition

not specified

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1991] JLR 367

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BAILII >> Databases >> Jersey Law Reports >> Showlag v Mansour [1991] JLR 367 (23 December 1991) URL: https://www.bailii.org/je/cases/JLR/1991/JLR910367.html Cite as: [1991] JLR 367 [ New search ] [ Help ] Showlag v Mansour 1991 JLR 367 (23 December 1991) Estoppel - chose jugee - scope of doctrine - court has discretion to strike out action if party already given full opportunity to be heard and final judgment delivered by competent court in respect of same question between same parties or their privies The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1991 JLR 367 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1991/JLR910367.html

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