Asbestos & Res Judicata

The case of John Cole & Others v Advocate General for Scotland 2015 CSOH102 is a rather unusual example of a successful plea of “Res Judicata”.  This is a plea taken to the effect that the matter has already been judicially decided and a “second bite at the cherry” is not competent. Lady Stacey’s Opinion of 3 July 2015 has now been issued. In 1990 the late Mr Cole raised an Action for Personal Injury on the basis he had … Continued