Sitemap Res judicata - case summary
In Taylor v Yorkshire Building Society 2007 GWD 19-334 Sheriff Principal Dunlop overturned the sustaining of a plea of res judicata in an action for recovery of bank charges when a previous action had determined the position regarding later charges on the same account. The deduction of charges constituted a succession of wrongful acts each actionable, albeit the basis of action in each case was the same. The sheriff principal also questioned whether such actions were better remitted to the ordinary cause, as extended pleadings might well be of assistance.