Jersey Judgment

Takilla v Farley [1991] JLR 91 (20 May 1991)

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Source document

01

Holding and result

Estoppel by chose jugee does not extend to different causes of action within the same proceedings, even if based on the same facts and remedy; it is limited to identical questions previously decided or those that could have been raised unless exceptional circumstances exist.

Court disposition

relief limited to exhaustion of cause of action; estoppel not applicable to different causes within same action

02

Material facts

Parties

Takilla

Applicant

Farley

Respondent

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant contended for broader application of estoppel to include different causes of action based on same facts and remedy.
Respondent
Respondent argued estoppel by chose jugee only applies to identical questions previously decided or where there was ample opportunity to raise them, absent exceptional circumstances.

05

Court’s reasoning

  1. 01

    judgment

    Estoppel by chose jugee is intended to secure exhaustion of relief in respect of a cause of action, not inclusion of different causes in the same action even if based on same facts and same remedy sought.

  2. 02

    judgment

    Doctrine only applies if identical question was decided in previous hearing or there was ample opportunity to raise it and no exceptional circumstances exist.

06

Ratio, limits and disposition

Ratio decidendi

Estoppel by chose jugee does not extend to different causes of action within the same proceedings, even if based on the same facts and remedy; it is limited to identical questions previously decided or those that could have been raised unless exceptional circumstances exist.

Court disposition

relief limited to exhaustion of cause of action; estoppel not applicable to different causes within same action

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Judgment text

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Source document

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Judgment

[1991] JLR 91

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BAILII >> Databases >> Jersey Law Reports >> Takilla v Farley [1991] JLR 91 (20 May 1991) URL: https://www.bailii.org/je/cases/JLR/1991/JLR910091.html Cite as: [1991] JLR 91 [ New search ] [ Help ] Takilla v Farley 1991 JLR 91 (20 May 1991) Estoppel - chose jugee - scope of doctrine - intended to secure exhaustion of relief in respect of cause of action, not inclusion of different causes in same action even if based on same facts and same remedy sought-only applicable if identical question decided in previous hearing or ample opportunity to raise it and no exceptional circumstances 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 91 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1991/JLR910091.html

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