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United Kingdom
United Kingdom
Key definition
Res judicata definition What does Res judicata mean? Res judicata describes, in practical terms, the rule that a party cannot re‑litigate a claim or an issue that a court or tribunal of competent jurisdiction has already determined by a final judgment (Latin: “a matter judged”). It is a common‑law, case‑law doctrine rather than a statutory definition, and operates through cause of action estoppel (claim preclusion), issue estoppel, and the related Henderson v Henderson abuse‑of‑process principle, which bars points that should have been advanced earlier. The bar arises once the decision is final—because any appeal has been concluded or the time for appeal has expired—and it applies between the same...
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Foreign judgments and arbitral awards: res judicata, estoppel, interim decisions, merger, state immunity and public policy defences in England and Wales
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Practice notes
This Practice Note examines res judicata and introduces whether it can be invoked in relation to a foreign judgment. It is necessary to decide if the foreign judgment will be recognised and whether it is res judicata. The Practice Note addresses particular matters concerning foreign judgments and the doctrine of merger in judgment, issue estoppel and abuse of process, together with defences to res judicata in respect of a foreign judgment and res judicata concerning foreign arbitral awards. This Practice Note assumes a general understanding of the common law doctrine of res judicata. For guidance, see Practice Note The doctrine of res judicata.
Relevance of res judicata for foreign judgments
The relevance of res judicata is that a foreign judgment functions as a defence to proceedings in the courts of England and Wales. Where a foreign court has given a judgment in a civil or commercial matter, a defendant before the courts of England and Wales may rely on two forms of estoppel:
- cause of action estoppel—the claimant is prevented from bringing the same claim as that determined by the foreign judgment. For guidance on the general principles, see
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Web page updated on 21/05/2026
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