Carew-Reid v Lloyds Banking Group Plc & Anor [2013] ScotCS CSOH_5 (15 January 2013)

Carew-Reid v Lloyds Banking Group Plc & Anor [2013] ScotCS CSOH_5 (15 January 2013)

The prior English judgments were final judicial decrees by competent tribunals on the merits of the same claim between the same parties, relating to the same subject matter and proceeding on the same grounds. The plea of res judicata is sustained and the action is barred.

Citation
[2013] ScotCS CSOH_5
Parties
Pursuer: John Carew-Reid; Defender: Lloyds Banking Group plc; Defender: Lloyds TSB Bank plc
Jurisdiction
Scotland
Judgment Date
15 January 2013
Procedural Posture
Civil / Motion for Decree of Absolvitor on Plea of Res Judicata
Outcome
decree of absolvitor granted
Legal Topics
Res Judicata, Breach of Contract, Abuse of Process, Civil Restraint Orders
Civil Procedure Contract Law Res Judicata Breach of Contract Abuse of Process Civil Restraint Orders

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Parties

John Carew-Reid

Pursuer

Lloyds Banking Group plc

Defender

Lloyds TSB Bank plc

Defender

Procedural Posture

Civil / Motion for Decree of Absolvitor on Plea of Res Judicata

Legal Issues

  1. 1 Whether the plea of res judicata applies to bar the pursuer's claim for damages for breach of contract against the defenders
  2. 2 Whether the prior English judgments constitute final judicial decrees by a competent tribunal on the merits between the same parties, relating to the same subject matter and proceeding on the same grounds

Ratio Decidendi

The prior English judgments were final judicial decrees by competent tribunals on the merits of the same claim between the same parties, relating to the same subject matter and proceeding on the same grounds. The plea of res judicata is sustained and the action is barred.

Court Disposition

decree of absolvitor granted

Orders

  • Sustains the fourth pleas in law for both defenders
  • Grants decree of absolvitor