[2008] EWHC 1704 (QB), 14 July 2008. Case found that res judicata should apply to the Landlord and Tenant Act 1985 S11. As a result, court was right to find that a tenant should be estopped from re-litigating a claim to the cause of dampness in her flat as this issue had already been determined against her. Appellant tenant (S) appealed against the decision of a county court to strike out her claims against local authority and landlord (R) for damp in her property. In her first claim she did not submit the evidence of an expert witness and damp had been attributed to condensation. S then tried to bring a second set of proceedings with evidence provided by an expert witness adducing the damp to the lack of a damp proof course in her property. She was estopped from proceeding as the source of the damp had already been decided and there was therefore no case of disrepair to answer. Appeal dismissed: case was in the public interest, as there must be a finality to litigation. As it was clear that S was seeking to claim in the second action for a matter already covered in the first, it was right that she be estopped from reopening a factual issue.