Res judicata and foreign judgments

Produced in partnership with Jack Mitchell of Old Square Chambers and Emily Skinner of Old Square Chambers

Practice notes

Res judicata and foreign judgments

Produced in partnership with Jack Mitchell of Old Square Chambers and Emily Skinner of Old Square Chambers

Practice notes

This Practice Note considers res judicata and provides an introduction as to whether it can be raised in respect of a foreign judgment. It is necessary to determine whether the foreign judgment will be recognised and whether it is res judicata. The Practice Note considers specific issues regarding foreign judgments and the doctrine of merger in judgment, issue estoppel and abuse of process as well as defences to a res judicata in respect of a foreign judgment and res judicata in respect of 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 the foreign judgment operates as a defence to proceedings in the courts of England and Wales. Where a foreign court has delivered a judgment in a civil or commercial matter, a defendant to proceedings in the courts of England and Wales may rely

Jack Mitchell

Barrister, 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.

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Other publications:

Whistleblowing: Law and Practice

Fourth 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 length.)��

Emily Skinner

Barrister, 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.

Jurisdiction(s):

United Kingdom

Key definition:

Res judicata definition

What does Res judicata mean?

Latin for the matter has been decided. At common law, once a court has made a decision, the matter cannot be re-opened once the time limit for appealing or the relevant limitation period has expired.

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