The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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.
Final judgments by default or consent are included within this definition, but not decisions on procedural grounds and decisions which are not final in any sense.
The purpose of the doctrine is to provide finality to litigation and to protect parties from being vexed by the same matter twice.
in personam—binds the parties and their privies
in rem—binds anyone, privy or otherwise (ie it is a judgment which binds 'the whole world')
A party may wish to set up a res judicata:
as an estoppel against their opponent’s claim or defence; and/or
as the foundation of their own claim or defence
For guidance on the key requirements for establishing a res judicata, see Practice Note: Key requirements to establish a res judicata.
In Virgin Atlantic, Lord Sumption identified six general principles that fall within the doctrine of res judicata, they are:
cause of action estoppel—this precludes a party from bringing a cause of action in a second case that involves the same subject matter and is identical to
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model
Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement
Enforcing a warrant of controlThis Practice Note has been produced by enforcement specialists, The Sheriffs Office. It guides users through the process of enforcing a warrant of control obtained from the County Court as a method of enforcing a money judgment; whereby the judgment creditor takes
Voluntary manslaughterVoluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished
0330 161 1234