14 June 2007
Shierson v Rastogi [2007] EWHC 1266 (Ch), [2007] All ER (D) 446 (May)
A judgment is conclusive, between the parties and their privies, of its existence, date and legal consequences, and it precludes re-litigation of the same cause of action or issue.
To establish what matters were in issue, it is permissible to examine the pleadings and the judgment. However, this rule does not apply where the conclusion of the court in the earlier case was based on evidence adduced at trial which a party in the subsequent case had no opportunity, by himself or his privy, to challenge.
