Issue estoppel


Produced in partnership with Jack Mitchell of Old Square Chambers and Emily Skinner of Old Square Chambers
Practice notes

Issue estoppel


Produced in partnership with Jack Mitchell of Old Square Chambers and Emily Skinner of Old Square Chambers

Practice notes
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Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific requirements when seeking to establish an issue estoppel.

For guidance on cause of action estoppel, see Practice Note: Cause of action estoppel.

What is issue estoppel?

Issue estoppel arises where a particular issue(s), forming a necessary ingredient in a cause of action, has been litigated and decided in a first action and, in subsequent proceedings between the same parties involving a different cause of action to which the same issue is relevant, one of the parties seeks to reopen that particular issue(s).

Per Diplock LJ in Thoday v Thoday:

‘There are many causes of action which can only be established by proving that two or more different conditions are fulfilled. Such causes of action involve as many separate issues between the parties as there

Jack Mitchell
Jack Mitchell

Barrister, Old Square Chambers

Jack Mitchell specialises only in employment law and advises on the entire spectrum of claims, but is best known for work on whistleblowing and discrimination claims. He advises on the commercial aspects of employment, providing advice to both corporate and individual clients on a broad range of commercial matters including breach of contract claims, shareholder disputes and partnership issues.
He is regularly instructed in large complex claims in all areas of employment law, from Tribunals to High Court claims and appeals at all levels.
Jack has been elected to ELBA (Employment Law Bar Association) and has been appointed its Treasurer.
 
Other publications:
Whistleblowing: Law and Practice
Fourth Edition (2022), Third Edition (2017), Second (2012) and First (2007), with Jeremy Lewis KC, John Bowers KC and Martin Fodder.
Published by Oxford University Press (This should include an outline of the most important points of your career. It should not exceed 250 words in length.) 

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Emily Skinner
Emily Skinner

Barrister, Old Square Chambers

Emily is an expert in employment law having practised as an employment-specialist solicitor at an international City law firm before transferring to the Bar and joining Old Square Chambers in 2021.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Estoppel definition
What does Estoppel mean?

The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of affairs, A is prevented from going back on the words or conduct which led B to act on that basis, if certain conditions are satisfied.

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