Principle

CIVIL PROCEDURE — Issue Estoppel — Necessary Parties — Requirement that parties must be same in previous and current proceedings for issue estoppel to apply

Area of law
CIVIL PROCEDURE
Court
Supreme Court

This principle establishes that issue estoppel requires the parties to be the same in both proceedings; where parties differ, issue estoppel cannot apply. The principle applies where estoppel is pleaded. It ensures that estoppel is properly applied. The principle reflects the requirement for identity of…

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