The following Dispute Resolution practice note Produced in partnership with Jack Mitchell of Old Square Chambers provides comprehensive and up to date legal information covering:
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 requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific requirements when seeking to establish an issue estoppel.
For guidance on cause of action estoppel, see Practice Note: Cause of action estoppel.
Issue estoppel arises where a particular issue(s), forming a necessary ingredient in a cause of action, has been litigated and decided in a first action and, in subsequent proceedings between the same parties involving a different cause of action to which the same issue is relevant, one of the parties seeks to reopen that particular issue(s).
Per Diplock LJ in Thoday:
'There are many causes of action which can only be established by proving that two or more different conditions are fulfilled. Such causes of action involve as many separate issues between the parties as there are conditions to be fulfilled by the plaintiff to…establish his causes of action; and there may be cases where the fulfilment of an identical condition is a requirement common to two or more different cause of action. If in litigation upon one such cause of action any of such separate issues as to whether a particular condition has been fulfilled is
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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