Issue Estoppel in UK Law

Leading Cases
  • Arnold v National Westminster Bank Plc
    • House of Lords
    • 25 Abr 1991

    Cause of action estoppel arises 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. In such a case the bar is absolute in relation to all points decided unless fraud or collusion is alleged, such as to justify setting aside the earlier judgment.

    In my opinion your Lordships should affirm it to be the law that there may be an exception to issue estoppel in the special circumstance that there has become available to a party further material relevant to the correct determination of a point involved in the earlier proceedings, whether or not that point was specifically raised and decided, being material which could not by reasonable diligence have been adduced in those proceedings.

  • Thoday v Thoday
    • Court of Appeal
    • 19 Dic 1963

    If in litigation upon one such cause of action any of such separate issues as to whether a particular condition has been fulfilled is determined by a Court of competent jurisdiction, either upon evidence or upon admission by a party to the litigation, neither party can, in subsequent litigation between one another upon any cause of action which depends upon the fulfilment of the identical condition, assert that the condition was fulfilled if the Court has in the first litigation determined that it was not, or deny that it was fulfilled if the Court in the first litigation determined that it was.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Dic 2000

    That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.

  • Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly known as Contour Aerospace Ltd)
    • Supreme Court
    • 03 Jul 2013

    The first principle is that once a cause of action has been held to exist or not to exist, that outcome may not be challenged by either party in subsequent proceedings. Fourth, there is the principle that even where the cause of action is not the same in the later action as it was in the earlier one, some issue which is necessarily common to both was decided on the earlier occasion and is binding on the parties: Duchess of Kingston's Case (1776) 20 St Tr 355.

  • Carl-Zeiss-Stiftung v Rayner & Keeler Ltd and Others (Original Appeal) and Rayner & Keeler Ltd and Others v Courts and Others (Cross Appeal)
    • House of Lords
    • 18 May 1966

    As my noble and learned friend, Lord Reid, has already pointed out there may be many reasons why a litigant in the earlier litigation has not pressed or may even for good reason have abandoned a particular issue. All estoppels are not odious but must be applied so as to work justice and not injustice and I think the principle of issue estoppel must be applied to the circumstances of the subsequent case with this overriding consideration in mind.

  • Barrow v Bankside Members Agency Ltd and Another
    • Court of Appeal (Civil Division)
    • 07 Nov 1995

    The rule is not based on the doctrine of res judicata in a narrow sense, nor even on any strict doctrine of issue or cause of action estoppel. It is a rule of public policy based on the desirability, in the general interest as well as that of the parties themselves, that litigation should not drag on for ever and that a defendant should not be oppressed by successive suits when one would do.

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Legislation
  • Land Registration Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......mistake. . (3) Rules may make provision for the issue of official copies and. may, in particular, make provision about— . . ...estoppel for the registered proprietor to seek to dispossess the. applicant, but ......
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ...... . (a) to copy the work (see section 17);. . . (b) to issue copies of the work to the public (see section. 18);. . . (c) to perform, ...the operation of the general law of contract or estoppel in. relation to an informal waiver or other transaction in relation. to ......
  • The Land Registration Rules 2003
    • UK Non-devolved
    • 1 de Enero de 2003
    ...... ending at 12 noon on the twentieth business day after the date of issue of the notice in which to object to the application. . (3) A notice need ... it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to assert his title to the ......
  • Poor Law Act 1930
    • UK Non-devolved
    • 1 de Enero de 1930
    ......the rules, orders or regulations issued by the Minister. for the regulation of the house or establishment or of ...borough by reason of an estoppel. S-85 . Derivative settlement. 85 Derivative settlement. . (1) Until ......
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Books & Journal Articles
  • A Public Law Issue?
    • Núm. 53-6, Noviembre 1990
    • The Modern Law Review
    ...... A Public Law Issue? Colin Crawford* The proper place of estoppel within public law has long been a source of uncertainty and debate. It had been thought that the high point of intervention by the ......
  • House of Lords
    • Núm. 46-2, Mayo 1982
    • Journal of Criminal Law, The
    ...... was made to strike out their claims, on the ground of issue estoppel and of abuse of the court's procedure. Although all ......
  • Case Commentaries
    • Núm. 13-2, Abril 2009
    • International Journal of Evidence & Proof, The
    ...... so long as it is made clear to the jury that factual issues, including . ...of the judge. . Issue estoppel—Canada . Issue estoppel forms part of the doctrine of  ......
  • House of Lords
    • Núm. 40-4, Octubre 1976
    • Journal of Criminal Law, The
    ...... uphold the conviction on the basis of the proviso, so that the net issue before the. House of Lords was (as it had been before the Court of .... HOUSE OF LORDS NO ISSUE ESTOPPEL IN ENGLISH CRIMINAL LAW D.P.P. v. Humphrys 253 In this case (1976,2 ......
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Law Firm Commentaries
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