Principle

CIVIL PROCEDURE – Pleadings – Raising Plea of Estoppel – Proper Place for Pleading Issue Estoppel

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Issue estoppel is properly raised in the reply to the statement of defence, after the defence is filed and issues are ascertained. This allows the plaintiff to identify with clarity which issues the defendant is precluded from raising. If raised in the statement of claim,…

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