Principle

CIVIL PROCEDURE – Res Judicata – Issue Estoppel – Preconditions for Operation of Issue Estoppel

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Issue estoppel requires three preconditions: (1) the same question was decided in both proceedings—the issue in the current suit must have been actually and necessarily decided in the earlier proceedings; (2) the prior decision must be final—interlocutory or unappealed decisions may not suffice; and (3)…

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