Emily Skinner

This Practice Note considers the sub-species of res judicata known as issue estoppel, as to what it is and what suffices for identity of issue and when an issue has been ‘necessarily decided’.

This Practice Note sets out the key requirements to establish a res judicata, namely: a judicial decision which was, in fact, pronounced, made by a tribunal with jurisdiction over the parties and the subject matter, where the decision was final and on its merits. It considers also who is a privy in the context of establishing a res judicata.

This Practice Note considers res judicata and provides an introduction as to whether it can be raised in respect of a foreign judgment. It is necessary to determine whether the foreign judgment will be recognised and whether it is res judicata. The Practice Note considers specific issues regarding foreign judgments and the doctrine of merger in judgment, issue estoppel and abuse of process as well as defences to a res judicata in respect of a foreign judgment and res judicata in respect of foreign arbitral awards.

This Practice Note considers the civil procedure abuse concept of ‘Henderson abuse’, its scope and what is relevant for consideration in respect of such a plea. It also considers its relationship and distinction from res judicata and which plea to raise in the given circumstances.

This Practice Note explains the doctrine of res judicata and the six principles that fall within it per Lord Sumption in Virgin Atlantic and the general circumstances when you may wish to set up a res judicata.