Res judicata Definition

GLOSSARY

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What does Res judicata mean?

Latin for the matter has been decided. At common law, once a court has made a decision, the matter cannot be re-opened once the time limit for appealing or the relevant limitation period has expired.

A res judicata is a decision by a judge or tribunal which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal. There are ome statutory exceptions.

General

Latin for the matter has been decided. At common law, once a court has made a decision, the matter cannot be re-opened once the time limit for appealing or the relevant limitation period has expired.

View the related checklists about Res judicata

Bringing new proceedings after summary judgment or strike out—checklist

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Glossary—Latin legal terms

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Brussels I—parallel proceedings (art 27) [Archived]

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Discover our 139 Practice Notes on Res judicata

Where a claim has been stayed because the respondent company is in administration, is the respondent nevertheless required to submit an ET3 (within the usual timeframe), or can the respondent wait for the stay to be lifted before submitting the ET3?

Where a claim has been stayed because the respondent company is in administration, is the respondent nevertheless required to submit an ET3 (within the usual timeframe), or can the respondent wait for the stay to be lifted before submitting the ET3? Paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 (IA 1986) provides, so far as relevant, as follows: ‘No legal process may be…continued against [a company in administration] except with the consent of the administrator or with the permission of the court’. The ‘court’ in this instance is, exclusively, the Companies Court and not the Employment Tribunal (ET). It has been confirmed by the Employment Appeal Tribunal (EAT) that the ET has no power or discretion to continue with a claim against a company in administration (see Ince Gordon Dadds LLP v Tunstall). That can only be done with the consent of the administrator (which is rarely given, for obvious reasons) or by Order of the Companies Court. The only course available to the...

Does a claimant’s claim continue, where the defendant has a counterclaim, the claimant has failed to file a defence to the counterclaim, or the defendant has applied for default judgment?

Does a claimant’s claim continue, where the defendant has a counterclaim, the claimant has failed to file a defence to the counterclaim, or the defendant has applied for default judgment? This Q&A considers the effect on a claim of default judgment on a counterclaim. This is not a question of procedure as such; it is a matter of res judicata and issue estoppel. As a matter of form, the claim will survive the granting of default judgment on the counterclaim. However, a default judgment is regarded as conclusive of such matters as are strictly necessary for the decision. If the factual connection between the claim and the counterclaim is such that the default judgment on the counterclaim necessarily and with complete precision answers (in the defendant’s favour) the factual questions that the claimant needs to establish in order to prove his claim, then the defendant is able to obtain summary dismissal of the claim. The question was recently discussed in detail, in the case of ...

See the 13 Q&As about Res judicata

Tax weekly highlights—12 December 2024

This week's edition of Tax weekly highlights includes: (1) key announcements from the draft Welsh Budget 2025–26, (2) analysis of the Court of Appeal’s decision in Axa Sun Life plc v HMRC, and (3) the UT’s decision in HMRC v Colchester Institute Corporation.

Dispute Resolution weekly highlights—12 December 2024

This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including HM Courts and Tribunals Service’s update to its programme of reform in the justice system and the Court of Appeal decision in Manolete Partners plc v White (enforcement); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

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