Principle

CIVIL PROCEDURE – Issue Estoppel – Issue Must Have Been Directly Raised and Finally Determined

Area of law
PRACTICE AND PROCEDURE
Court
Supreme Court

Issue estoppel requires that the issue was directly raised and necessarily determined. Collateral or incidental findings do not create estoppel. The principle prevents the expansion of estoppel beyond what was actually decided. The party asserting estoppel must prove that the issue was essential to the…

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