Trainor v McKee
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1988 |
| Date | 01 January 1988 |
| Court | Queen's Bench Division (Northern Ireland) |
- Personal injury action by defendant against plaintiff settled - Subsequent action by plaintiff - Whether consent judgment impliedly involved acceptance by plaintiff of full liability.
In 1980, McK. commenced an action against T. and another in respect of personal injuries sustained in an accident. In their defence the defendants pleaded contributory negligence. T. had earlier commenced a county court action against McK. In 1981, McK.'s action was settled and a consent judgment entered. T.'s action against McK. was later removed to the High Court and a statement of claim served in 1985. On a preliminary point of law to determine whether T.'s action was res judicata, Held, that T.'s action was not estopped. In the absence of express agreement...
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