Reclaiming Motion in the cause Laura McCluskey against Scott Wilson Scotland Ltd (Court of Session) [2024] CSIH 26 (28 August 2024)

Reclaiming Motion in the cause Laura McCluskey against Scott Wilson Scotland Ltd (Court of Session) [2024] CSIH 26 (28 August 2024)

The pursuer's claim is barred by res judicata because the generic issues of professional negligence and breach of duty were litigated and determined in the lead action (McManus), and the interests of the parties are the same. Additional averments do not alter the essence of what was decided. The defenders' plea of res judicata is sustained, resulting in decree of absolvitor.

Citation
[2024] CSIH 26
Parties
Pursuer and Respondent: Laura McCluskey; Defenders and Reclaimers: Scott Wilson Scotland Ltd
Jurisdiction
Scotland
Judgment Date
28 August 2024
Procedural Posture
Reclaiming Motion (appeal) in Personal Injury Action / Appeal (inner House, Court of Session)
Outcome
Reclaiming motion allowed; interlocutor of 23 January 2024 recalled; defenders' plea of res judicata sustained; decree of absolvitor granted.
Legal Topics
Res Judicata, Abuse of Process, Professional Negligence, Group Litigation, Personal Injury, Case Management
Civil Procedure Tort/delict Environmental Law Res Judicata Abuse of Process Professional Negligence Group Litigation Personal Injury +1 more

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Parties

Laura McCluskey

Pursuer and Respondent

Scott Wilson Scotland Ltd

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion (appeal) in Personal Injury Action / Appeal (inner House, Court of Session)

Legal Issues

  1. 1 Whether the pursuer's claim is barred by res judicata due to prior determination in McManus v Scott Wilson Scotland Ltd
  2. 2 Whether the pursuer's action constitutes an abuse of process
  3. 3 Whether the pursuer's pleadings are relevant given prior findings on breach of duty

Ratio Decidendi

The pursuer's claim is barred by res judicata because the generic issues of professional negligence and breach of duty were litigated and determined in the lead action (McManus), and the interests of the parties are the same. Additional averments do not alter the essence of what was decided. The defenders' plea of res judicata is sustained, resulting in decree of absolvitor.

Court Disposition

Reclaiming motion allowed; interlocutor of 23 January 2024 recalled; defenders' plea of res judicata sustained; decree of absolvitor granted.

Orders

  • Recall of interlocutor dated 23 January 2024
  • Sustain defenders' plea of res judicata