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

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

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.

Citation
[1991] JLR 91
Parties
Applicant: Takilla; Respondent: Farley
Jurisdiction
Jersey
Judgment Date
20 May 1991
Procedural Posture
Civil / Judgment
Outcome
relief limited to exhaustion of cause of action; estoppel not applicable to different causes within same action
Legal Topics
Estoppel, Chose Jugee, Scope of Doctrine
Civil Procedure Estoppel Chose Jugee Scope of Doctrine

Case Brief

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Parties

Takilla

Applicant

Farley

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 scope of estoppel by chose jugee
  2. 2 whether doctrine applies to inclusion of different causes in same action

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