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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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Res judicata and Henderson abuse: principles, scope, CPR 3.4(2)(b), and the Aldi guidelines (England and Wales)
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Practice notes
There is some overlap between the doctrine of res judicata and the Henderson abuse principle, discussed below. Note too that these concepts intersect with the procedural basis for striking out a claim as an abuse of the court’s process under CPR 3.4(2)(b); see below and Practice Note: strike out for abuse of process (civil) (CPR 3.4(2)(b))—Abuse of process by second proceedings.
What is res judicata?
A res judicata is a determination made by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of the matter decided so that those bound by the judgment cannot re-litigate it, save on appeal. Those bound by the ruling remain so unless and until altered on appeal.
For further guidance on the purpose of, and when you can establish, a res judicata, see Practice Notes:
- The doctrine of res judicata
- Key requirements to establish a res judicata
What is Henderson abuse?
In a legal context, abuse of process occurs where the court’s process is deployed for a purpose, or in a way, significantly different from its ordinary and proper use (Att General v Barker). While distinct concepts, see below, they are frequently considered together...
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Web page updated on 21/05/2026
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