When a party is barred from raising in later proceedings a matter decided, or capable of having been decided, in earlier ones. Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd; Divine-Bortey v Brent London Borough Council; Sajid v Sussex Muslim Society.
Res judicata; taxonomy. Lord Sumption's restatement (paras 17-26), with which Lord Toulson agreed [42]: 'res judicata' is a portmanteau term for six principles with different origins [17]: cause of action estoppel; the rule that a successful claimant may not sue again on the same cause of action for more (Conquer v Boot); merger of the cause of action in the judgment; issue estoppel; the rule in Henderson v Henderson against raising matters that could and should have been raised earlier; and the general rule against abusive proceedings. Henderson v Henderson is part of the law of res judicata as well as an abuse-of-process rule [24]-[25]. The standard starting point for any relitigation argument, in the ET as elsewhere.
Cited by
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.