Estoppel is a long-established doctrine of English law that literally means to stop. It can be applied in a number of ways to litigation claims but it basically prevents a person who causes another to rely upon acts or words from later denying those acts or words.
Estoppel by Record applies the doctrine of ‘Res Judicata’ which, translated from Latin, means ‘a thing adjudged’ or ‘a matter already decided’. The term ‘Record’ refers to the fact that it stops a party from litigating any claim or defence already adjudicated and which has been made a matter of record; normally the court record. It serves the public interest by ensuring finality of judgement.
Where it Applies
There are specific circumstances in which Estoppel by Record might arise:
- Where an issue of fact between the parties has been finally decided by a tribunal having jurisdiction and the same issue arises between the same parties in subsequent proceedings;
- Where an issue has been decided upon by a court with exclusive jurisdiction in earlier proceedings and the issue arises between the same parties in subsequent proceedings;
- Where an issue of fact affecting the status of a person has been decided in a final manner as a substantive part of a judgement or tribunal having jurisdiction and the same issue arises directly in subsequent proceedings between the parties.
The principle of Estppel by Record is less strictly applied in matrimonial and family proceedings.
Conditions for Estoppel by Record
A number of conditions must be met for Estoppel by Record to apply:
- The court must have jurisdiction to pronounce the original judgement otherwise it deprives the order of any effect.
- The earlier proceedings must have resulted in a final judgement or decree; the judgement must have been delivered.
- A judgement by consent or in default can be relied upon as a basis for estoppel as if it had been made by judicial decision after being contested if the party against who it was set was under no disability. The efficacy of this type of judgement will be strictly limited however.
- A judgement obtained as a result of formal admissions can be relied upon as a basis for estoppel as if it had been made by judicial decision after being contested if the party against who it was set was under no disability. The efficacy of this type of judgement will be strictly limited however.
The application of Estoppel by Record is a technical aspect of litigation. Rollingsons has experienced lawyers who can advise you on issues of estoppel; if you would like more information please contact James Crighton (JCrighton@rollingsons.co.uk) via e-mail or by telephone on 0207 611 4848.
