The doctrine of 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.

The purpose of the doctrine is to provide finality to litigation and to protect parties from being vexed by the same matter twice.

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.

‘Res judicata’ is most closely associated with the legal principle of 'cause of action estoppel' (see below), which operates to prevent a cause of action being raised or challenged by either party in subsequent proceedings where the cause of action in the later proceedings is identical to that in the earlier proceedings, the latter having been between the same parties (or their privies), and having involved the same subject matter. However, res judicata also embraces 'issue estoppel', a term that is used to describe a

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