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14 June 2007
Issue: 7277 / Categories: Case law , Law digest
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Civil Evidence

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.

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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