Facts Decided by One Court Cannot be Disputed in Another

Posted: 7th May 2012

When a court has made a decision, it is not open for a person to argue in different proceedings in another court that, on the same facts, a different decision should be reached.
A partnersCounty Courthip dispute had reached the High Court, which gave its decision regarding the split of assets between the partners. The ruling had classified certain assets as assets of the partnership.
Subsequent to that decision, the ex-wife of one of the partners attempted to argue in the family court firstly that there had been no partnership and secondly that assets which had been ruled to be assets of the partnership were not partnership assets.
The Court of Appeal ruled that if evidence could be produced that the original decision was wrong, then an action to have that decision set aside should be pursued: the family court could not reopen that decision.