Recently, I have been researching a potential client’s case whose issue is how can file the case again. Simply speaking, it is a case about a will, many inheritors and large amount of heritage. Its background is complicated and a maritime lawsuit against Japanese government regarding a ship-chartering contract during the Second World War is involved. In spite of the complex background, I finally hit the point of the issue of this case through deep research, which is also the potential client’s concern, which is filing a new case and making the court accept it.
The potential client filed a case in 1990
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to claim the will is forged and invalid. He won the first instance, in the appellate court, however, the original judgment was overturned, and in the retrial procedure, the client lost the case finally. In 2014, the client filed a new case to the court to request splitting the heritage, and both the court of first instance and appellate court rejected his claim on ground that one case can’t be tried again. Obviously, the courts thought the case on the will and the case on requesting splitting the heritage are substantially the same.
The client needs our help and we should figure out a way to file a new case. Honestly speaking, that is a little difficult. Although we have some ideas worthy of trying, however, there is a comparatively low possibility of achieving the goal.
Now, we don’t give up and keep digging the case and law, and to see whether we can find a way to prove that the court was wrong. That may need a more comprehensive and deep understanding of the principle that one case can’t be treated again.