Waydale Ltd v DHL Holdings (UK) Ltd [1999] ScotCS 300 (15 December 1999)

Waydale Ltd v DHL Holdings (UK) Ltd [1999] ScotCS 300 (15 December 1999)

A decree of dismissal does not constitute res judicata and does not bar a subsequent action, even if the issues are similar. The distinction between dismissal and absolvitor is clear and established by authority: dismissal leaves it open to bring a fresh action, whereas absolvitor does not. The previous dismissal of the pursuers' action does not bar the present proceedings.

Citation
[1999] ScotCS 300
Parties
Pursuer: Waydale Limited; Defender: DHL Holdings (UK) Limited
Jurisdiction
Scotland
Judgment Date
15 December 1999
Procedural Posture
Reclaiming Motion (appeal) / Inner House, Court of Session (extra Division)
Outcome
Reclaiming motion refused; plea of res judicata rejected.
Legal Topics
Res Judicata, Guarantee Enforcement, Assignment of Rights, Distinction Between Dismissal and Absolvitor
Civil Procedure Contract Law Res Judicata Guarantee Enforcement Assignment of Rights Distinction Between Dismissal and Absolvitor

Case Brief

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Parties

Waydale Limited

Pursuer

DHL Holdings (UK) Limited

Defender

Procedural Posture

Reclaiming Motion (appeal) / Inner House, Court of Session (extra Division)

Legal Issues

  1. 1 Whether a decree of dismissal can found a plea of res judicata in subsequent proceedings
  2. 2 Whether the present action is barred by res judicata due to a previous dismissal
  3. 3 Whether the benefit of the guarantee is assignable and has been validly assigned

Ratio Decidendi

A decree of dismissal does not constitute res judicata and does not bar a subsequent action, even if the issues are similar. The distinction between dismissal and absolvitor is clear and established by authority: dismissal leaves it open to bring a fresh action, whereas absolvitor does not. The previous dismissal of the pursuers' action does not bar the present proceedings.

Court Disposition

Reclaiming motion refused; plea of res judicata rejected.

Orders

  • Refusal of defenders' reclaiming motion
  • Affirmation of Lord Ordinary's decision to repel plea of res judicata