Durkin v HSBC Bank plc

Civil procedure – Res judicata. Court of Session: Refusing an appeal by a pursuer who had had the merits of a claim against the suppliers of a computer and the bank which provided credit facilities decided in his favour following an appeal to Supreme Court but who remained dissatisfied with the damages awarded to him and raised a new action against the defenders as successors to the original bank, seeking much larger amounts as damages, the court held that the sheriff and sheriff principal were correct to uphold the bank's plea of res judicata as the new action was an attempt to litigate a matter or matters already decided in the earlier proceedings.

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