What is Res Judicata?

English law is strewn with Latin terms that strike fear into the hearts of many. Whilst we try to avoid using these terms with clients, as specialist litigation solicitors we have to be fluent in this language for the benefit of our clients – with the court, and with opponents. These terms are labels for concepts or doctrines enshrined in the legal system over many years. 

Res judicata is one of these, and it has several complex elements. Despite its old-fashioned name, this principle of English law is still important today in the commercial, property and construction litigation and disputes we deal with.

We explain what res judicata means and its relevance in court cases today. 

What Is Meant by Res Judicata?

In Virgin Atlantic Airways Ltd v Zodiac Seats UK Limited [2013] UKSC46, a judge defined res judicata as a portmanteau term to describe several different legal principles with different judicial origins.

Res Judicata literally means ‘a matter judged’ and is a legal doctrine that prevents litigants from re-starting a claim or case that has already been decided. 

It protects the judiciary and litigants from duplicated and pointless proceedings that waste precious court time and cause unnecessary worry and expense for those on the receiving end.

What Are the Elements of Res Judicata?

The doctrine of res judicata consists of different elements that overlap to some degree. However, in simple terms, there are three primary strands.

Re-litigation

A litigating party cannot bring a further claim on the same matter if that issue has received a final judgment. Res judicata effectively prevents a new lawsuit on a matter already resolved by the courts.

However, there is wriggle room on this point, as the judgement must decide the case on its merits. A case dismissed on procedural grounds or because it is time-barred under the Limitation Act of 1980 would not fall within this criteria.

Furthermore, all legal appeals must be exhausted, so there is no further right to challenge a final decision. If there’s still uncertainty in the outcome, then res judicata is not a bar to additional litigation.

Same Cause of Action

A claimant cannot bring the same cause of action or claim if a court has made a decision and issued a final judgment. The same cause of action or claim means the core facts and circumstances.

If a later claim is based on the same transaction or occurrence in an earlier case, then res judicata may bar the second claim.

Res judicata also prevents new cases on issues that could have been raised in a previous case based on those circumstances but were not. It is designed to avoid piecemeal litigation and prevent cases from being dragged out over a long period.

Same or Closely Related Parties

Res judicata applies when the parties in the current and previous court cases are the same or in legal privity. Privity means a close relationship between parties, so a judgment affecting one party will also affect the other.

Sometimes, it’s easy to identify if the same people are trying to re-litigate, but not always. Consequently, res judicata applies to anyone acting as the agent or subsidiary of the original litigants, individuals, or entities who were not involved in the earlier case but are still bound by the outcome.

Privity can exist between a trustee and beneficiaries and a corporation and its shareholders.

What Is the Difference Between Res Judicata and Estoppel?

Res judicata and estoppel are similar principles designed to prevent redundant and repeated litigation, but there is a crucial difference.

Res judicata prevents repeated court actions on matters previously litigated. In contrast, estoppel prevents further legal action on a specific issue within a previously resolved case, even if the current litigation has a different cause of action.

If a court upholds a contractual clause as valid in one case, it cannot be contested again in later litigation, which examines the same contract but for a different breach.

Frequently Asked Questions

What Are the Limitations of Res Judicata?

Res judicata prevents parties from re-litigating facts and circumstances the courts have already concluded, including appeal. Issues not brought forward in a case cannot be litigated later. The principle extends to different parties who are not the original litigants but in legal privity with them.

Where a party issues a claim based on the same facts and circumstances again you might have grounds for challenging the content and/or approach. First you might say the approach is abusive, and invite strike out in accordance with CPR Part 3 under the court’s own case management powers. Alternatively if multiple applications are being issued you might need or want to consider a civil restraint order- an unusual type of order obtainable in civil and commercial disputes.

Final Thoughts

Commercial and property litigation is governed by different principles which, despite an old-fashioned name, are still very much alive and kicking in the English legal system. Res judicata is one such principle that remains relevant for claims in today’s courts and limits who can bring a case.

If you would like advice about bringing a claim, contact our specialist litigation solicitors at Helix Law for expert and professional guidance on your particular problem. We act in disputes across the country.