Preventing subsequent litigation: res judicata and abuse of the court process | Practical Law

Preventing subsequent litigation: res judicata and abuse of the court process | Practical Law

This practice note provides guidance on how the court will consider whether litigation should be prevented or struck out, either by virtue of the concept of res judicata or as an abuse of process, because it raises issues which have, or could have, been decided in previous proceedings, or, is an attack on a previous decision or finding. This note should be read alongside Practice notes, Strike out: an overview and The procedure for striking out. There is also some guidance on vexatious litigants and other court rules which may assist preventing successive litigation.

Preventing subsequent litigation: res judicata and abuse of the court process

Practical Law UK Practice Note 0-381-3939 (Approx. 132 pages)

Preventing subsequent litigation: res judicata and abuse of the court process

MaintainedEngland, Wales
This practice note provides guidance on how the court will consider whether litigation should be prevented or struck out, either by virtue of the concept of res judicata or as an abuse of process, because it raises issues which have, or could have, been decided in previous proceedings, or, is an attack on a previous decision or finding. This note should be read alongside Practice notes, Strike out: an overview and The procedure for striking out. There is also some guidance on vexatious litigants and other court rules which may assist preventing successive litigation.
Note: This practice note deals with abuse of process in the context of successive or repeated litigation. Abuse of process in other contexts is considered in Practice note, Strike out: an overview: Abuse of process (CPR 3.4(2)(b)).