Principle

CIVIL PROCEDURE – Issue Estoppel – Same Issue Previously Decided Finally Between Same Parties or Privies

Area of law
PRACTICE AND PROCEDURE
Court
Supreme Court

Issue estoppel prevents relitigation of issues previously determined. The three conditions are cumulative. The decision must be final and on the merits. The parties must be identical or in privity. The issue must have been actually and necessarily decided. The principle promotes finality and judicial…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in