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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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Merger in Judgment in England and Wales: Former Recovery, Distinction from res judicata, Elements, Pleading and Key Limits (including Declaratory Judgments)
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Practice notes
What is merger in judgment and its relationship with Res judicata?
A res judicata is a determination made by a judge or tribunal with authority over the cause of action and the parties, which brings the decided matter to a final conclusion so that it cannot be re-litigated by those bound by the judgment, save on appeal. For further guidance, see Practice Note: The doctrine of res judicata.
Merger in judgment is the doctrine that, once judgment is entered on a cause of action, the cause is extinguished and the claimant’s only entitlement is upon the judgment. It is a substantive rule concerning the legal effect of an English judgment, treated as ‘of a higher nature’, so that the lesser remedy is absorbed into the greater and thus the underlying cause of action is superseded (King v Hoare).
In the criminal sphere, autrefois acquit and autrefois convict give effect to the doctrine of merger in judgment (Rogers v R (1994) 181 CLR 251 (at pp 256, 279) (not reported by LexisNexis®), although discussed in: Spencer Bower and Handley: Res Judicata [14.31]). Res judicata has two branches: cause of action Estoppel and issue...
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Web page updated on 21/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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