The doctrine of res judicata

View Dispute Resolution by content type:

Latest Dispute Resolution News

Featured Dispute Resolution content

Practice notes
A guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action)...
Read More >
Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...
Read More >
Produced in partnership with Nicolas Pointon and Michelle Radom of Clyde and Co 12th Jan
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
Read More >
9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
Read More >
9th Nov
Practice notes
A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...
Read More >
Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...
Read More >
9th Nov
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
Read More >
9th Nov
Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
Read More >
Produced in partnership with Jim Cormack of Pinsent Masons 12th Jan
Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
Read More >
Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
Read More >
Produced in partnership with Leigh Callaway of Fladgate 12th Jan
Practice notes
This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...
Read More >
9th Nov
Practice notes
This Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when issuing a claim, see Practice...
Read More >
9th Nov
Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
Read More >
9th Nov
Practice notes
What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
9th Nov
Practice notes
Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...
Read More >
9th Nov

Most recent The doctrine of res judicata content

Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
Read More >
Produced in partnership with Jack Mitchell of Old Square Chambers 8th Apr
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering the recognition and enforcement of judgments. For guidance, see...
Read More >
Produced in partnership with Jack Mitchell of Old Square Chambers 8th Apr
Practice notes
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...
Read More >
8th Apr
Practice notes
What is merger in judgment and its relationship with res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the...
Read More >
Produced in partnership with Jack Mitchell of Old Square Chambers 8th Apr
Practice notes
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key...
Read More >
Produced in partnership with Jack Mitchell of Old Square Chambers 8th Apr
Practice notes
There is a degree of overlap between the doctrine of res judicata and the principle of Henderson abuse, as considered below.Note also that these two...
Read More >
Produced in partnership with Jack Mitchell of Old Square Chambers 7th Apr
Practice notes
The elements of establishing a res judicataIn order to set up a res judicata, you must establish that:•the decision on which your res judicata is...
Read More >
Produced in partnership with Jack Mitchell of Old Square Chambers 8th Mar
Q&As
This Q&A considers the effect on a claim of default judgment on a counterclaim. This is not a question of procedure as such; it is a matter of res...
Read More >
Produced in partnership with David Willink of Lamb Chambers 11th Feb

Popular documents