Showlag v Mansour [1994] JLR 113 (15 March 1994)

Showlag v Mansour [1994] JLR 113 (15 March 1994)

Priority in time generally determines which of two contradictory final foreign judgments is res judicata in Jersey, unless it would be unfair, such as where estoppel by representation applies.

Citation
[1994] JLR 113
Parties
Applicant: Showlag; Respondent: Mansour
Jurisdiction
Jersey
Judgment Date
15 March 1994
Procedural Posture
Civil / Judgment
Outcome
clarification of legal principle
Legal Topics
Estoppel, Res Judicata, Foreign Judgments, Priority in Time
Civil Procedure Estoppel Res Judicata Foreign Judgments Priority in Time

Case Brief

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Parties

Showlag

Applicant

Mansour

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Which of two contradictory final foreign judgments by a competent court is res judicata for the purpose of Jersey proceedings?
  2. 2 Does priority in time always determine which judgment is res judicata, or can fairness and estoppel override this rule?

Ratio Decidendi

Priority in time generally determines which of two contradictory final foreign judgments is res judicata in Jersey, unless it would be unfair, such as where estoppel by representation applies.

Court Disposition

clarification of legal principle