Per Rem Judicatam in UK Law
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Thoday v Thoday
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Hunter and Others v Chief Constable of West Midlands
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Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly known as Contour Aerospace Ltd)
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Res judicata is a rule of substantive law, while abuse of process is a concept which informs the exercise of the court's procedural powers. In my view, they are distinct although overlapping legal principles with the common underlying purpose of limiting abusive and duplicative litigation. That purpose makes it necessary to qualify the absolute character of both cause of action estoppel and issue estoppel where the conduct is not abusive.
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Arnold v National Westminster Bank Plc
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Sennar, The (No. 2) (Merawi)
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Thrasyvoulou v Secretary of State for the Environment;; Oliver and Others v Secretary of State for the Environment and another
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A decision to grant planning permission creates, of course, the rights which such a grant confers. A decision to grant planning permission creates, of course, the rights which such a grant confers.
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Estoppels Against Statutes
... ... the type of estoppel which is raised may be very relevant since the operation of an estoppel per rem judicatam is different from the operation of an estoppel arising by the acts of the parties. This latter expression is used here ... ...
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RES JUDICATA IN RECENT CASES
... ... (2) The subject-mutter 01 the estoppel. To constitute an estoppel per rem judicatam, there must be identity of subject-matter. This comprises, as Bower explains, ' not only identity of subject-matter in a ... ...
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A Public Law Issue?
... ... of the Court of Appeal to import into planning law the concept of issue estoppel, or more properly estoppel per rem judicatam. In Thrasyvoulou v Secretary of State for the Environment & Another,6 Hackney LBC had served an enforcement notice in 1982 ... ...
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The Continuing Relevance of Customary Arbitration in Nigeria: Critical Evaluation of Contemporary Developments
... ... A decision by a Court of competent jurisdiction creates an estoppel per rem judicatam but an award by a customary arbitration will have the same consequence if certain pre-conditions are satisfied. 58 ... The decision in this case is ... ...
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Abuse Of Process Issue Estoppel Applies Equally Within The Same Arbitral Proceedings. No Second Bites! - Simon Rainey QC
... ... dismissing DSME's double-barrelled s. 69 and s.68 Arbitration ... Act 1996 applications, held that DSME was estopped per rem ... judicatam from trying to relitigate matters which it could and ... should have raised before, that it made no difference that this all ... took place in the ... ...
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The Prevention of Abusive Cross-Border Re-Litigation
... ... the law - the doctrine of res judicata ; and it requires more than just a passing acquaintance with the various pleas of estoppel per rem judicatam , former recovery and abuse of process. As more and more legal rights are being determined by foreign courts, and these judgments brought to England ... ...