Henderson v Henderson (1843) 3 Hare 100 – Page 2

Practice: Joint tortfeasors – avoiding the trap for the unwary

Geraldine Elliott and Nigel Brook guide claimants through the tortious jungle ‘The surveyors were joint tortfeasors with the council and authority, meaning the settlement agreement released Gladman’s cause of action against all of them.’ In Gladman Commercial Properties v Fisher Hargreaves Proctor [2013] the claimant had entered into a settlement agreement with one of several …

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Practice: If at first you don’t succeed, don’t try again?

Robert Salis and David Sawtell review estoppel and res judicata ‘What the courts are concerned with when considering cause of action estoppel and issue estoppel is a narrower decision based on a substantive rule of law.’ Issue estoppel, cause of action estoppel and res judicata are often discussed but rarely defined. To a defendant, they …

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