Ms Julie Gayrard

Julie Gayrard

Updates

Litigation

Res judicata and occurrence of new facts
France | 25 October 2016

The commercial branch of the Supreme Court recently renewed its application of the res judicata principle when the situation acknowledged by the first-instance judge was modified by subsequent events. The court confirmed the first-instance decision despite opposition from the seller of a shop, who argued that the res judicata principle barred the admissibility of the purchaser's action grounded between the same parties on the same object and cause.

The nullification of judicial expert reports
France | 31 May 2016

A party wanting to preserve or establish evidence of facts on which the solution of a dispute might depend can ask the judge before the trial commences to appoint a judicial expert to draft a report on the matter. If the other party is dissatisfied with the report's findings, it may want to seek nullification of the report. The conditions for nullification are strictly defined by case law and although the effects can be powerful, they can also be disappointing.