LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata – Issue Estoppel – Formulation of Principle

The concise formulation of issue estoppel: a party cannot contest the contrary of any precise point distinctly put in issue and determined with certainty. The point must be precise—not vague or general. It must have been distinctly raised, not merely incidental. The determination must be certain and final. The estoppel operates only on the exact point decided. The principle applies to both factual and legal issues. The party seeking to rely on the estoppel must prove that the point was necessarily determined. The formulation emphasises precision and certainty. It prevents re-litigation of issues already conclusively resolved. The estoppel binds the parties and their privies. The determination must be by a competent court.