Takilla v Farley [1991] JLR 91 (20 May 1991)
- Citation
- [1991] JLR 91
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
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
ApplicantFarley
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
scope of estoppel by chose jugee
- 02
whether doctrine applies to inclusion of different causes in same action
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
Legal principles
- 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.
- 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
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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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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