Issue Estoppel in UK Law

  • Arnold v National Westminster Bank Plc
    • House of Lords
    • 25 April 1991
    ... ... and extent of exceptions to that branch of the rule of estoppel per rem judicatam which has come to be known as issue estoppel ... ...
  • R v Humphrys
    • House of Lords
    • 19 May 1976
    ... ... , namely: "Where in a trial on indictment there is a single issue between prosecution and defence and the defendant is acquitted, is ... The appeal was allowed on the ground that the doctrine of issue estoppel applied. The question, was the respondent the rider of the motor cycle on ... ...
  • Arnold v National Westminster Bank Plc
    • Court of Appeal (Civil Division)
    • 08 November 1989
    ... ... that the plaintiffs are not estopped from raising in this action the issue of the true construction of the rent review clause in a certain ... prayers for relief on the ground that there is issue estoppel per rem judicatam because of a decision of Walton J. on the 1983 rent ... ...
  • Connelly v DPP
    • House of Lords
    • 21 April 1964
    ... ... He pleaded autrefois acquit ... A jury was sworn to try that issue. The learned judge told the jury about the proceedings in the Court of ... said: "In my opinion the conviction would have been an estoppel to the indictment for the felonious assault and wounding, if pleaded, and ... ...
  • 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
    ... ... the Federal Supreme Court of West Germany the subject matter of the issue now before this House is res judicata so that the Respondents must ... 32 There is a vast amount of authority on estoppel per rem judicatam ... "the object of the rule of res judicata is always ... ...
  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 December 2000
    ... ... -appeal against a decision of the Court of Appeal, on a preliminary issue of law, that certain heads of damage pleaded by Mr. Johnson should not be ... of Appeal held, differing from the judge, that there had been no estoppel by convention. But it also held that there had been an abuse under the ... ...
  • Hunter and Others v Chief Constable of West Midlands
    • Court of Appeal (Civil Division)
    • 17 January 1980
    ... ... The only issue there is – what damages? But the police take a different line. They ask ... out these actions, the police relyfirst on the law as to issue estoppel. They say that the six men are estopped from raising again an issue which ... ...
  • Thrasyvoulou v Secretary of State for the Environment;; Oliver and Others v Secretary of State for the Environment and another
    • House of Lords
    • 14 December 1989
    ... ... Planning (Amendment) Act 1981, is capable of giving rise to an estoppel per rem judicatam or to an issue estoppel ... 2 The first appeal arises ... ...
  • Black-Clawson International Ltd v Papierwerke Waldhof-Aschaffenburg A.G.
    • House of Lords
    • 05 March 1975
    ... ... The main question at issue in this case is the proper interpretation of section 8 of the Foreign ... 197 that there were two species of estoppel per rem judicatam ... The first, which he called "cause of action estoppel" ... ...
  • Takhar v Gracefield Developments Ltd and Others
    • Supreme Court
    • 20 March 2019
    ... ... 's claim amounted to an abuse of process be tried as a preliminary issue. That trial took place before Newey J in February 2015. In his judgment, ( ... case, Lord Keith had drawn a distinction between cause of action estoppel and issue estoppel. At p 104, Lord Keith had described cause of action ... ...
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