The doctrine of res judicata

View Dispute Resolution by content type:

Latest Dispute Resolution News

Featured Dispute Resolution content

Practice notes
What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...
Read More >
9th Nov
Practice notes
This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...
Read More >
9th Nov
Practice notes
This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...
Read More >
9th Nov
Practice notes
This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...
Read More >
Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 12th Jan
Practice notes
This Practice Note identifies what can be transferred when assigning a contract and how to effect a valid assignment of a contract. For guidance on...
Read More >
9th Nov
Practice notes
The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...
Read More >
9th Nov
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 >
9th Nov
Practice notes
This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for public access to documents. For guidance, see:...
Read More >
9th Nov
Practice notes
This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...
Read More >
Produced in partnership with Charles Spragge of Druces 12th Jan
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
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...
Read More >
9th Nov
Practice notes
As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...
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
Precedents
This Precedent and Drafting Note provide guidance on key model directions from the justice.gov.uk website’s ‘menu of model paragraphs’. They should be...
Read More >
9th Nov
Practice notes
This Practice Note considers the requirement for the representor both to have intended to and actually to have induced the representee, by their...
Read More >
Produced in partnership with Charles Spragge of Druces 12th Jan

Most recent The doctrine of res judicata content

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 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 8th Jan
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 Jan
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 Jan
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 8th Jan
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 Jan
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 8th Jan
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 >
3rd Dec

Popular documents