Shaw v Sloan and Others
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1982 |
| Date | 01 January 1982 |
| Court | Court of Appeal (Northern Ireland) |
Negligence -Actions founded on same acts - Second defendant not party to earlier proceedings but called as witness - Whether privity of interest between second and third defendants.
In June, 1978, a motor cycle owned and ridden by the first defendant collided with a car driven by the second defendant and owned by the third defendant. In January, 1979, the third defendant was successful in a county court action for damages against the first defendant for damage to his car. In an action by the plaintiff, who had been a pillion passenger on the motor cycle, the second and third defendants issued a third party notice claiming to be indemnified by the first defendant against the plaintiff's claim on the ground of the first defendant's negligence and that by reason of the decision in the county court the issue of liability for the accident was res judicata. The question whether the first defendant was estopped from disputing liability was tried as a preliminary point. Held that before estoppel of an issue can arise there must have been (i) a final determination of the same issue in previous proceedings by a court of competent jurisdiction and (ii) the parties bound by the earlier decision must have been either the same parties as are sought in the later proceedings to be estopped or their privies. In the present case, while on a close technical analysis of the legal issues the precisely formulated issues in the two actions would be different...
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