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 concepts also overlap with the procedural basis for striking out a claim as an abuse of the court’s process under CPR 3.4(2)(b), see below and Practice Note: Strike out for abuse of process (civil) (CPR 3.4(2)(b))—Abuse of process by second proceedings.
What is 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 disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.
For further guidance on the purpose of and when you can establish a res judicata, see Practice Notes:
- •
The doctrine of res judicata
- •
Key requirements to establish a res judicata
What is Henderson abuse?
In a legal context abuse of process occurs where the court’s process is used for a purpose or in a way
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Res judicata definition
What does Res judicata mean?
Latin for the matter has been decided. At common law, once a court has made a decision, the matter cannot be re-opened once the time limit for appealing or the relevant limitation period has expired.
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