Jurisdiction(s):
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...

Res judicata: doctrine, Lord Sumption’s six principles, merger and estoppel, Henderson abuse, application in public law and tribunals, and exceptions permitting re-litigation

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Practice notes

What is a Res judicata?

A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal.

Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice.

in personam—binds the parties and their privies
in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world)

A party may rely on res judicata:

as an Estoppel to defeat an opponent’s claim or defence; and/or
as the basis of their own claim or defence

For guidance on the key Requirements for establishing a res judicata, see Practice Note: Key requirements to establish a res judicata.

Res Judicata—Lord Sumption’s six General Principles (Virgin Atlantic)

In Virgin Atlantic, Lord Sumption outlined six general principles that fall...

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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 22/05/2026

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