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Res Judicata where liability is apportioned

  • 17-08-2011 1:32pm
    #1
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭


    I will use an example.

    (Hypothetical). A road traffic accident occurs, involving A and B. A brings proceedings which are defended by B's insurance company. The judge apportions liability. A is 50% liable and B is 50% liable.

    A is awarded €10,000, being half of what he would have been awarded had B been 100% liable. B's insurance company doesn't appeal.

    B issues proceedings against A, subsequently.

    B is estopped from denying the facts of what was decided in the previous case, concerning issues of liability in the accident, etc. Those matters are Res Judicata.

    However, can B be estopped from bringing proceedings against A altogether, by virtue of Res Judicata?


Comments

  • #2
    McCrack
    Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    They are separate proceedings independent of one another so no, doctrine does not apply.


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Donohoe v Browne [1986] IR 90 goes along with that as well. There is even a similar example at p103.

    Thanks again.


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