The doctrine of res judicata


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

The doctrine of res judicata


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

Practice notes
In-house
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What is a res judicata?

A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.

Final judgments by default or consent are included within this definition, but not decisions on procedural grounds and decisions which are not final in any sense.

The purpose of the doctrine is to provide finality to litigation and to protect parties from being vexed by the same matter twice.

A judgment:

  1. •

    in personam—binds the parties and their privies

  2. •

    in rem—binds anyone, privy or otherwise (ie it is a judgment which binds 'the whole world')

A party may wish to set up a res judicata:

  1. •

    as an estoppel against their opponent’s claim or defence; and/or

  2. •

    as the foundation of their own claim or defence

For guidance on the key requirements

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.
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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.)Ìý

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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
Key definition:
Res judicata definition
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.

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