Cole & Ors v Advocate General for Scotland [2015] ScotCS CSOH_102 (28 July 2015)

Cole & Ors v Advocate General for Scotland [2015] ScotCS CSOH_102 (28 July 2015)

The plea of res judicata is sustained because the decree of absolvitor in the 2011 action, to which the pursuers consented, determined the same subject matter as the 1990 action between the same parties, and the decree stands unless and until reduced.

Citation
[2015] ScotCS CSOH_102
Parties
Pursuer: John Cole & Others; Defender: Advocate General for Scotland
Jurisdiction
Scotland
Judgment Date
28 July 2015
Procedural Posture
Civil Personal Injury (reparation) / Procedure Roll Discussion (plea of Res Judicata)
Outcome
Defender's plea of res judicata sustained; decree of absolvitor granted.
Legal Topics
Res Judicata, Provisional Damages, Abandonment of Action, Decree of Absolvitor, Asbestos Related Disease
Civil Procedure Personal Injury Reparation Res Judicata Provisional Damages Abandonment of Action Decree of Absolvitor Asbestos Related Disease

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Parties

John Cole & Others

Pursuer

Advocate General for Scotland

Defender

Procedural Posture

Civil Personal Injury (reparation) / Procedure Roll Discussion (plea of Res Judicata)

Legal Issues

  1. 1 Whether the plea of res judicata applies to bar the pursuers from proceeding with the 1990 action after decree of absolvitor in the 2011 action
  2. 2 Whether the order of actions and the nature of the decree in the 2011 action affects the application of res judicata

Ratio Decidendi

The plea of res judicata is sustained because the decree of absolvitor in the 2011 action, to which the pursuers consented, determined the same subject matter as the 1990 action between the same parties, and the decree stands unless and until reduced.

Court Disposition

Defender's plea of res judicata sustained; decree of absolvitor granted.

Orders

  • Decree of absolvitor granted in favour of the defender.
  • Expenses of the procedure for minutes and answers and the procedure roll awarded to the defender.