Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Requirements definition

What does Requirements mean? In Development Consent Order (DCO) practice, Requirements are the binding conditions that regulate how, when and on what detailed terms the authorised development may proceed. They typically oblige the undertaker to submit and secure approval of detailed design, construction, and environmental management documents (for example, CEMP, traffic, landscape, contamination and archaeology plans) before commencement, phased works or operation. The term is used in legislation: section 120 of the Planning Act 2008 permits a DCO to impose “requirements”. In most DCOs they are set out in a schedule (often Schedule 2) and function similarly to planning conditions under the Town and Country...

Res judicata in England and Wales: requirements, scope and limits: judicial decision, pronouncement, jurisdiction, finality, merits, privity, tribunals, consent/default judgments, foreign decisions, and examples of privies and non-privies

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Practice notes

The elements of establishing a Res judicata

To rely on res judicata, it must be shown that:

the underlying ruling, whether domestic or foreign, was a judicial determination in the relevant sense
it was actually pronounced
the tribunal possessed Jurisdiction over the parties and the subject-matter
the decision was:
- final
- on the merits
it resolved an issue raised in the later proceedings, and
the parties are the same or in privity, or the earlier ruling was In rem (Marginson v Blackburn and Leong v Hock Hua Bank Bhd [2008] 3 MLJ 340 (not reported by LexisNexis®) and Chong v Leow [2008] 6 MLJ 781 (not reported by LexisNexis®))

Res judicata—what is a 'judicial decision'?

For these purposes, the ruling must originate from a tribunal exercising judicial functions under English law or, where foreign, under the law of that state...

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Jack Mitchell

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 PracticeFourth 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...

Emily Skinner

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....

Web page updated on 21/05/2026

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